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No allegation in the complaint, express or implied, claims that the present defendants interfered with plaintiff parental rights with knowledge that plaintiff did not consent, as required in Restatement of Torts § 700, which the model for this tort cause of action. The judgment sustaining demurrers to the claims as against these defendants is affirmed. The Game Place v. Fredericksburg 35 05/10/2018 In a landlord’s action for unpaid rent under a 15-year commercial lease, the circuit court erred in entering judgment for the landlord.

Issues concerning the propriety of summary judgment, a corporation’s standing to assert this statute as a defense to a contractual stock repurchase obligation, and waiver of contract rights are discussed. Brown v. Commonwealth 11/04/2005 In a drug prosecution, considering the totality of the circumstances, the investigating officer did not have probable cause to arrest and search a defendant found sleeping in a car with a partially burned, hand-rolled cigarette visible in his hand. Thus, the trial court erred in denying his motion to suppress the evidence. The judgment of the Court of Appeals is reversed, defendant’s convictions are vacated and the case is remanded to the Court of Appeals with direction to remand the matter to the trial court for further proceedings, if the Commonwealth be so advised.

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Tuomala v. Regent University 11/01/1996 Under the circumstances of this case, the trial court correctly held that an employer’s refusal to renew employment contracts under their original terms did not constitute breach of contract, and that judgment is affirmed. Stone v. Liberty Mutual Insurance Company 12/16/1996 In response to a certified question from the U.S. Court of Appeals for the Fourth Circuit, under the facts of this case, an employer’s insurance policy did not cover an employee driving his own car while delivering pizzas so as to make the employee an insured under the uninsured motorist endorsement of the policy and the policy does not violate Code § 38.2-2206.

  • Commonwealth v. Giddens 07/19/2018 The circuit court erred in dismissing a petition by the Commonwealth to have a prisoner civilly committed as a sexually violent predator under the Civil Commitment of Sexually Violent Predators Act, Code § 37.2-900 et seq.
  • The record also supports the circuit court’s conclusion that the proponent did not prove by clear and convincing evidence that the writing was intended as a codicil or executed with testamentary intent under Code § 64.2-404.
  • We recommend the immediate universal adoption of cloth facemasks, including homemade masks, and accompanying policies to increase the supply of medical masks for health workers.
  • Thus, the duty of a vendor to a broker is fulfilled by remaining passive and neutral; the condition, upon which the payment of commissions is made to depend, is waived only where the vendor is active to prevent or hinder its performance.

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Co. 04/19/1996 Each of four appeals arises from "drive-by shootings" and presents a question whether an intentional shooting by a person occupying an uninsured vehicle constitutes "use" of the vehicle for purposes of uninsured motorist coverage. Since the requisite causal relationship between the incident and employment of the vehicle does not exist, the respective trial courts correctly ruled that the intentional shootings did not constitute "use" of the vehicles for purposes of uninsured motorist coverage, and those judgments for the insurers are affirmed. Wall v. Fairfax County School Board 09/13/1996 The trial court properly ruled that the total number of votes received by each candidate in a public high school student election was information exempt from disclosure under The Virginia Freedom of Information Act, Code § 2.1-340, and that judgment is affirmed. Simmons v. Commonwealth 09/13/1996 The trial court did not err in holding that neither res judicata nor collateral estoppel bars a court from suspending a person’s motor vehicle operator’s license for one year for refusal to take a blood or breath alcohol test when he has already suffered a seven-day administrative suspension for the same refusal, and that decision is affirmed. v. Jim Carpenter Co. 09/13/1996 In three cases involving the applicability of mechanic’s liens to construction projects where the suppliers delivered materials under pre-existing, non-binding credit agreements between contractors and suppliers, it is held that where materials and deliveries were identifiable to specific projects under running accounts, the deliveries were under a single contract. Where trial courts had held otherwise, the cases are reversed and remanded.

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The Commission’s construction of Code § .1 was based upon the proper application of legal principles, and it did not abuse the discretion afforded to it under that statute. Norfolk 102, LLC v. City of Norfolk 02/28/2013 Two businesses operating as entertainment establishments serving alcoholic beverages for on-site consumption under previous versions of a city’s zoning ordinance pursuant to a blanket special exception that was later revoked, cannot claim vested rights under Code § 15. to a land use that was impermissible under the applicable zoning ordinance when they opened for business. No city official issued a determination under Code § 15. authorizing use of these business premises in a manner not otherwise permitted under the zoning ordinances. Because the two businesses had notice of and an opportunity to be heard during the city council meeting when their applications for individual special use exceptions were considered Red Ball 4 and denied, any statutory notice issues were waived under Code § 15.

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