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Alsup tklaw. Goodyear Dunlop Tires N. Shook , S. City of Houston , S. Michelin N. Prevailed at Texas Supreme Court in request to transfer and consolidate over individual oil and gas suits into multidistrict litigation; In Re Chesapeake Barnett Royalty Litig. Judicial Panel on Multidistrict Litigation, April Decertified a class action based on legally deficient trial plan where a group of Brigham Exploration Co.
Make sure you don't miss any Law breaking news. Download our plug-in for Chrome to get customizable, real-time news alerts. Stay ahead of the curve In the legal profession, information is the key to success. Access to case data within articles numbers, filings, courts, nature of suit, and more. Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc. Create custom alerts for specific article and case topics and so much more! Attached Documents Opinion. Get instant access to the one-stop news source for business lawyers Register Now!
Sign up now for free access to this content Enter your details below and select your area s of interest to stay ahead of the curve and receive Law's daily newsletters. First Name Last Name. Password at least 8 characters required Confirm Password. Already have access? Email: Password: Forgot your password? Remember login. You must correct or enter the following before you can sign up:. Please provide a professional email:. Access to Justice. The judgment of the Court of Appeals is affirmed in part, reversed in part, and final judgment is entered upholding the conviction.
The appeal in the mandamus proceeding is dismissed. The judgment of the circuit court with respect to the stay and injunctive relief is reversed and the matter is remanded for further proceedings consistent with this opinion. The public policy of Virginia has been to uphold the validity of the marriage status as for the best interest of society, and the presumption of the validity of a marriage is one of the strongest presumptions known to the law.
Federal Circuit grants Google mandamus petition to transfer patent case out of Eastern Texas
Nor does any provision of the Code limit solemnization only to a ceremony. Even if the courts were to infer a particular sequence for the license and solemnization requirements, a violation of that judicially implied requirement would not render the parties' marriage either void ab initio or voidable. The marriage was valid and the circuit court, therefore, had authority to distribute the marital assets consistent with the marital agreement and to continue its adjudication of the divorce proceeding.
The judgment of the Court of Appeals is reversed and the matter is remanded to that court for remand to the circuit court for further proceedings consistent with this opinion. They serve to assist the circuit court, not to supplant it. Their work is subject to review by the circuit court, which may accept or reject it, in whole or in part. Commissioners are not lower tribunals from which appeals are taken. In this case, the circuit court had subject matter jurisdiction over the case and its decisions are reviewed, not those of the commissioner of accounts.
However, it was error to grant summary judgment on the fraudulent conveyance claim on the theory that a prima facie case could not be established when the recipient is a third party creditor with a higher security interest. In addition, the circuit court erred by applying a clear and convincing standard of proof to a claim for successor entity liability based on the mere continuation of business theory. The judgment of the circuit court is affirmed in part, reversed in part, and the matter is remanded for further proceedings consistent with this opinion.
For the reasons assigned in this opinion, the judgment is affirmed.
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The statutorily prescribed three-year term is both a mandatory minimum and a mandatory maximum sentence. Community Management Corp. She won that litigation, and then instituted the present separate action as plaintiff to recover her legal fees from that prior case, relying on a contractual provision in the confidentiality agreement on which the corporation previously sued, which allows fee recovery by a prevailing party in confidential information disputes.
The judgment dismissing the present fee action is affirmed. Yancey Lumber Corp. At the same time, the evidence shows that the modifications will not create an unreasonable burden on the defendant's servient. Thus, it cannot be said that the circuit court, by granting plaintiff the right to make these limited modifications, failed to maintain a balance in the interests of the parties, respectively, as dominant and servient landowners.
McKinley Chiropractic Ctr. Here, the patient never obtained a judgment against the insured and relinquished all existing and future rights to recover from the insurer or its insured as part of the settlement of the personal injury claim. Final judgment is entered for the insurance company.
Combined case with Record Nos.
In a prosecution for making an unlawful communication with a child under this statute, the Commonwealth was not required to prove completion of taking indecent liberties. The judgment of the Court of Appeals upholding the defendant's conviction is affirmed. He was accorded due process in an evidentiary hearing and could be heard and present evidence, and he had counsel throughout.
The propriety of the sentence imposed and the involuntary civil commitment order are not challenged. The arguments that the ends of justice exception should be applied because the circuit court ignored the seriousness of his mental illness and should have committed defendant directly to inpatient hospitalization, making the imprisonment a manifest injustice, is rejected. The five-year prison sentence is for a crime committed before defendant's alleged temporary insanity, to which he pled guilty after recovering from that condition.
Statutes do not prescribe a sequence for imposition of incarceration for one offense in relation to involuntary civil commitment for different crimes committed in a later period of temporary insanity. Prisons are required to provide treatment, and defendant can also be transferred to a facility outside of the Department of Corrections if it is determined that he cannot be provided the kind of care required during incarceration.
Thus the ends of justice exception under Rule will not be applied to review the errors alleged, and the judgments of the circuit court are affirmed. The judgment is reversed and final judgment is entered on this appeal for the city. Browntown Valley Assocs. Education Assn. The judgment is reversed and the issue of any attorney fee recovery is remanded to the circuit court. School Board v. The test is not whether a release explicitly lists a potential future claim, but whether the parties intended to release such a claim. The judgments of the circuit court are affirmed. The judgment of the circuit court is reversed and the matter is remanded for calculation of the refund due to the taxpayer.
The only factor statutorily relevant to determining the adequacy of the petitioner's reason for filing the application was the reason alleged. It cannot be discerned, without evidence, whether the alleged religious conversion is sincere. In addition, plaintiff presented no evidence that a lack of disclosures by the defendant physician prevented her from making an informed decision with respect to the surgery on the part of her body to be operated on, or that she would not have elected to have the surgery in that location in the face of proper disclosures.
Without any evidence to establish proximate causation, the informed consent claim fails as a matter of law. The judgment is reversed and the action is remanded for retrial on the negligence claims. Plaintiff failed, at the summary judgment stage, to come forward with expert opinion establishing certain alleged improper statements made by the defendant doctor were a proximate cause of her alleged injuries in the form of aggravation of preexisting mental or physical conditions.
The complaint is dismissed. Accordingly, the judgment of the circuit court is reversed and the gas utility's petition for declaratory judgment is dismissed. Office of Exec. The judgment of the circuit court denying enforcement of an FOIA request directed to the Office of the Executive Secretary is affirmed. Nor did the court err in excluding from evidence certain tax assessment records offered as proof of the value of the decedent's home, or in striking the plaintiff's evidence on a claim for civil conspiracy.
Because an award of attorney's fees to the defendant daughter was based on the ruling in her favor on her motion to strike, that award is vacated. The judgment of the circuit court is affirmed in part and reversed in part. This matter is remanded for a new trial consistent with this opinion. On the issue of self-defense in determining who was the aggressor or what was the reasonable apprehension of the defendant for his safety, the issue is what the victim probably did, and such evidence is admissible even when the defendant is unaware of it.
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Here, however, assuming without deciding that exclusion of certain alleged threats made by the victim against the defendant should have been admitted, such error was harmless in light of the overwhelming evidence. Where an accused adduces evidence that he acted in self-defense, evidence of specific acts is admissible to show the character of the decedent for turbulence and violence, even if the accused is unaware of such character, but here the trial court did not err in allowing recent episodes while excluding more temporally remote acts of the victim.
Failure to make a timely proffer of conflicting testimony or to make a timely motion for mistrial concerning a comment made by the prosecutor in closing argument foreclose consideration of these matters on appeal.