Lawyers

Virginia Mediation Divorce Settlement Lawyers Attorneys

Virginia Mediation Divorce Settlement Lawyers Attorneys

by

Atchuthan Sriskandarajah

CANDACE JANE MARTIN CLATTERBUCK v. GRANT LEWIS CLATTERBUCK

COURT OF APPEALS OF VIRGINIA

December 10, 2002, Decided

[youtube]http://www.youtube.com/watch?v=8f7EpNVovsk[/youtube]

Factual Background:

Plaintiff wife filed a bill of complaint against defendant husband, seeking a divorce. The parties engaged in a mediation session and reached an agreement resolving the issues of spousal support and the division of marital property and debts. Both parties signed the handwritten agreement the next day. The wife wanted more money from the sale of the marital residence. The agreement that the parties signed had a provision that stated, “Agreement to be memorialized by formal written agreement.” The wife argued that, as there was no formal written agreement, the handwritten document was not a binding agreement. The Circuit Court of Roanoke County (Virginia) entered judgment, finding that the parties were bound by the agreement

Issue:

Whether the agreement is unenforceable because it called for the execution of a

formal written document

, which was not produced?

Discussion:

The wife expressed an intention to settle the case through the agreement she reached with husband on February 27, 2001. She contemplated the agreement and did not sign it until the following day, she acknowledged in her deposition that an agreement had been reached, and she represented to the court that the case was settled and the trial date was cancelled. “If, as here, the parties are fully agreed upon the terms of the settlement and intend to be bound thereby, ‘the mere fact that a later formal writing is contemplated will not vitiate the agreement.'”). The trial court did not err by determining the parties reached a binding agreement and that the formal written document was unnecessary.

Accordingly, the court summarily affirmed the decision of the trial court

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in

Virginia

, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

Article Source:

ArticleRich.com

Immigration Detainees on Hunger Strike in Oxford UK

Thursday, June 15, 2006

One hundred and twenty detainees at an immigration removal centre in Oxford, UK, are on hunger strike. The protest started when some detainees refused breakfast on Wednesday 14th June 2006. A letter from the hunger strikers explaining why they are seeking to draw attention to their plight in this way has been reproduced in full below.

Those detained at the centre are mostly men who have sought asylum in the UK and whose asylum applications have been rejected. These people are then held without knowing how long they will be detained for – some end up being held for many years while awaiting deportation.

The removal centre, known as Campsfield, or Campsfield House is approximately 5 miles north of Oxford and has been in operation since 1993. It was managed on behalf of the UK Government by Global Solutions Limited, until may 2006 when it was taken on by GEO UK, the centre has a capacity of 198. Only males are detained at Campsfield.

According to the campaign group Barbed Wire Britain Over 2,600 individuals, mostly asylum seekers, are detained indefinitely in the UK without trial and with no automatic right to bail.

There have been reports in the UK press of the state taking people to detention centres without notice, in the early hours of the morning using excessively heavy handed tactics, taking children out of schools and separating families.

Many UK people and politicians express their disgust at the way detainees are treated, yet it continues. Perhaps this action by the detainees themselves will further highlight their plight and result in more UK electors writing to their MPs and demanding improvements to the way in which rejected asylum seekers are treated.

“We are detainees at Campsfield removal centre in Oxford. Most of us have been here for a long while now. There are people who have been detained for up to two years and down to three months. We are cramped in here like animals. We are treated like animals and moved around different detention centres like animals. The immigration service have taken husbands from their families and taken people who ran away from persecution in their various countries, and dumped everyone in here.

Once you are put in here the immigration service forget you. There are detainees who have applied to go back to their own countries that are still being held here for months without any news about their cases, just so that the private security companies get more money.

Detainees are asked to seek asylum and then refused. The immigration service also ask detainees to apply for bail. When you get a bail hearing date all of a sudden they serve you with removal papers that are not valid. There are many of these situations. In most cases the immigration service don’t take you to your court hearings. And then they tell the judges you refused to turn up, just so the hearing goes ahead in your absence. Many detainees have been served with removal papers and travel documents but nothing happens on the removal day.

Campsfield has become a slave house. We detainees are treated like slaves, to do odd jobs for officers. Detainees are handcuffed to see doctors or dentists in hospitals or clinic appointments. We have some racist security officers who make racist comments to detainees and go out of their way to make you feel like committing suicide. Detainees have to be at the point of death before they get to see the doctors.

The food is not worth eating. Even dogs would refuse to eat what we eat. But we don’t have a choice; every single day we eat the same food (the food we eat is rice, chicken, sandwiches, and left-over eggs)”.

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On the campaign trail in the USA, July 2016

Tuesday, August 23, 2016

The following is the third edition of a monthly series chronicling the U.S. 2016 presidential election. It features original material compiled throughout the previous month after an overview of the month’s biggest stories.

In this month’s edition on the campaign trail: two individuals previously interviewed by Wikinews announce their candidacies for the Reform Party presidential nomination; a former Republican Congressman comments on the Republican National Convention; and Wikinews interviews an historic Democratic National Convention speaker.

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Ontario Votes 2007: Interview with Family Coalition Party candidate Bob Innes, Hamilton East—Stoney Creek

Monday, October 1, 2007

Robert (Bob) Innes is running for the Family Coalition Party in the Ontario provincial election, in the Hamilton East—Stoney Creek riding. Wikinews’ Nick Moreau interviewed him regarding his values, his experience, and his campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

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Real Estate

Looking For Good Investments In The Uae Look At Dubai

By Rob Watts

When you come to look for a good investment for your future then you should seriously consider investing in Property Abroad. The investment potential of overseas Property Investment is growing all the time and if you find the right market you can make a great deal. For a relatively small amount of capital investment you will be able to see excellent returns on your money.

There are many Property Investment markets out there and finding the right one can be difficult and time consuming but help is at hand. One of the up and coming investment potential markets is open to those who Invest in Dubai. Dubai is repeatedly coming up as a hot-spot for growth in the residential market. Dubai Property investment is a sound financial move, the market has nowhere to go but up. This means that if you get the right property at the right budget then you can make a large amount of money. Many of the current Dubai Properties on the open market can be opened up to increase revenue by leasing out to tenants.

[youtube]http://www.youtube.com/watch?v=133cGv1q05Y[/youtube]

Renting out your property to tenants is easy to do and will give you an annual income from your property when you are not there. This allows you flexibility when it comes to payment plans and allows you to make money from what would otherwise be an empty apartment. Rental markets in Dubai are extremely lucrative and, depending on where your property is, you can expect to get excellent revenue from it.

This all depends on which Property in Dubai you choose. Property Investment is tailored to suit any budget and any need. If you want to buy your property with a view to leasing it out when you are not there, you will find it. If you want to buy a piece of Dubai Property to live in, you can find it. The market is open for all. Getting the right property means spending within your budget. The lower end of the market, while not losing any standard of excellence, can cost around 20,000. This is for those who have a limited budget but want to experience all that Dubai has to offer. The higher end of the market is customed to first class Property Investment buyers.

Those people who choose to Invest in Dubai in this way can expect to pay 1,000,000 and above. These property investments are ideal for anybody who is seriously involved in the property market. As Dubai is an excellent market for property growth, then the potential for big returns is promised. Dubai is forging into the future and needs good investment within its property market.

When you come to invest in Dubai then get serious and professional advice. Make sure that you are aware of all the legal issues and offers, and make sure that you know how vibrant Dubai is. If you manage to invest in one of these excellent properties then you will be a part of the Dubai landscape and will make great returns on your initial outlay.

About the Author: When you come to look for a good investment for your future then you should seriously consider investing in Property Abroad. The investment potential of overseas Property Investment is growing all the time and if you find the right market you can make a great deal. Visit

dreamhomesww.com

for a r

Source:

isnare.com

Permanent Link:

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Cleveland, Ohio clinic performs US’s first face transplant

Thursday, December 18, 2008

A team of eight transplant surgeons in Cleveland Clinic in Ohio, USA, led by reconstructive surgeon Dr. Maria Siemionow, age 58, have successfully performed the first almost total face transplant in the US, and the fourth globally, on a woman so horribly disfigured due to trauma, that cost her an eye. Two weeks ago Dr. Siemionow, in a 23-hour marathon surgery, replaced 80 percent of her face, by transplanting or grafting bone, nerve, blood vessels, muscles and skin harvested from a female donor’s cadaver.

The Clinic surgeons, in Wednesday’s news conference, described the details of the transplant but upon request, the team did not publish her name, age and cause of injury nor the donor’s identity. The patient’s family desired the reason for her transplant to remain confidential. The Los Angeles Times reported that the patient “had no upper jaw, nose, cheeks or lower eyelids and was unable to eat, talk, smile, smell or breathe on her own.” The clinic’s dermatology and plastic surgery chair, Francis Papay, described the nine hours phase of the procedure: “We transferred the skin, all the facial muscles in the upper face and mid-face, the upper lip, all of the nose, most of the sinuses around the nose, the upper jaw including the teeth, the facial nerve.” Thereafter, another team spent three hours sewing the woman’s blood vessels to that of the donor’s face to restore blood circulation, making the graft a success.

The New York Times reported that “three partial face transplants have been performed since 2005, two in France and one in China, all using facial tissue from a dead donor with permission from their families.” “Only the forehead, upper eyelids, lower lip, lower teeth and jaw are hers, the rest of her face comes from a cadaver; she could not eat on her own or breathe without a hole in her windpipe. About 77 square inches of tissue were transplanted from the donor,” it further described the details of the medical marvel. The patient, however, must take lifetime immunosuppressive drugs, also called antirejection drugs, which do not guarantee success. The transplant team said that in case of failure, it would replace the part with a skin graft taken from her own body.

Dr. Bohdan Pomahac, a Brigham and Women’s Hospital surgeon praised the recent medical development. “There are patients who can benefit tremendously from this. It’s great that it happened,” he said.

Leading bioethicist Arthur Caplan of the University of Pennsylvania withheld judgment on the Cleveland transplant amid grave concerns on the post-operation results. “The biggest ethical problem is dealing with failure — if your face rejects. It would be a living hell. If your face is falling off and you can’t eat and you can’t breathe and you’re suffering in a terrible manner that can’t be reversed, you need to put on the table assistance in dying. There are patients who can benefit tremendously from this. It’s great that it happened,” he said.

Dr Alex Clarke, of the Royal Free Hospital had praised the Clinic for its contribution to medicine. “It is a real step forward for people who have severe disfigurement and this operation has been done by a team who have really prepared and worked towards this for a number of years. These transplants have proven that the technical difficulties can be overcome and psychologically the patients are doing well. They have all have reacted positively and have begun to do things they were not able to before. All the things people thought were barriers to this kind of operations have been overcome,” she said.

The first partial face transplant surgery on a living human was performed on Isabelle Dinoire on November 27 2005, when she was 38, by Professor Bernard Devauchelle, assisted by Professor Jean-Michel Dubernard in Amiens, France. Her Labrador dog mauled her in May 2005. A triangle of face tissue including the nose and mouth was taken from a brain-dead female donor and grafted onto the patient. Scientists elsewhere have performed scalp and ear transplants. However, the claim is the first for a mouth and nose transplant. Experts say the mouth and nose are the most difficult parts of the face to transplant.

In 2004, the same Cleveland Clinic, became the first institution to approve this surgery and test it on cadavers. In October 2006, surgeon Peter Butler at London‘s Royal Free Hospital in the UK was given permission by the NHS ethics board to carry out a full face transplant. His team will select four adult patients (children cannot be selected due to concerns over consent), with operations being carried out at six month intervals. In March 2008, the treatment of 30-year-old neurofibromatosis victim Pascal Coler of France ended after having received what his doctors call the worlds first successful full face transplant.

Ethical concerns, psychological impact, problems relating to immunosuppression and consequences of technical failure have prevented teams from performing face transplant operations in the past, even though it has been technically possible to carry out such procedures for years.

Mr Iain Hutchison, of Barts and the London Hospital, warned of several problems with face transplants, such as blood vessels in the donated tissue clotting and immunosuppressants failing or increasing the patient’s risk of cancer. He also pointed out ethical issues with the fact that the procedure requires a “beating heart donor”. The transplant is carried out while the donor is brain dead, but still alive by use of a ventilator.

According to Stephen Wigmore, chair of British Transplantation Society’s ethics committee, it is unknown to what extent facial expressions will function in the long term. He said that it is not certain whether a patient could be left worse off in the case of a face transplant failing.

Mr Michael Earley, a member of the Royal College of Surgeon‘s facial transplantation working party, commented that if successful, the transplant would be “a major breakthrough in facial reconstruction” and “a major step forward for the facially disfigured.”

In Wednesday’s conference, Siemionow said “we know that there are so many patients there in their homes where they are hiding from society because they are afraid to walk to the grocery stores, they are afraid to go the the street.” “Our patient was called names and was humiliated. We very much hope that for this very special group of patients there is a hope that someday they will be able to go comfortably from their houses and enjoy the things we take for granted,” she added.

In response to the medical breakthrough, a British medical group led by Royal Free Hospital’s lead surgeon Dr Peter Butler, said they will finish the world’s first full face transplant within a year. “We hope to make an announcement about a full-face operation in the next 12 months. This latest operation shows how facial transplantation can help a particular group of the most severely facially injured people. These are people who would otherwise live a terrible twilight life, shut away from public gaze,” he said.

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Secret Downing Street Memo leaked

Saturday, May 14, 2005

Documents leaked from the U.K. government revealed an apparent secret agreement between the United States and the United Kingdom to attack Iraq in 2002. The Times, a British national newspaper, reported that newly-discovered documents reveal British and U.S. intentions to invade Iraq and leaders of the two countries had “discussed creating pretextual justifications for doing so”. The documents go on to say that Tony Blair decided the U.S. would need to “create” conditions to justify the war. The leaked document has not received much coverage in the United States.

The document, known popularly as the “Downing Street memo“, is a document purporting to contain the minutes taken during a meeting among United Kingdom government and political figures on July 23, 2002 discussing the build-up to the 2003 invasion of Iraq. Its authenticity has not been officially confirmed nor denied by the government, though Downing Street has stated that the document contains “nothing new.” There have been repeated media and congressional requests for clarification.

Downing Street in London contains the official residence of the Prime Minister of the United Kingdom] (at 10 Downing Street) and is a metonym for the United Kingdom government. Ultimately the United Kingdom sent 46,000 troops to join the United States-led action, by far the largest non-US contingent in the invasion.

The memo comes on the heels of other leaked documents from the UK. [1]

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No single cause of autism, research review concludes

Tuesday, July 12, 2011

Many factors of a child’s birth and the condition of the newborn are linked to the future development of autism, but no single factor has been identified as the cause, a meta-analysis of forty previously published research studies concludes.

Autism refers to a cluster of neurological developmental disorders, ranging to mild and severe, that interfere the child’s ability to adjust normally, including defects in normal communication and social interaction.

The systematic review, published in Monday’s issue of Pediatrics, presented the results of a meta-analysis of over sixty perinatal and neonatal risk factors associated with autism reported in the forty published studies. It identified sixteen that were significantly associated with autism. These included low birth weight, complications associated with delivery, fetal distress during labor, “poor condition” of the newborn along with a low Apgar score, multiple births, birth injuries to the baby, and hemorrhaging of the mother during childbirth.

However, the review found that often these factors are linked; not occurring independently but in combination, making the effect of any one factor difficult to determine. Further, the conclusions of the studies often were in conflict with each other regarding the relationship of any single one of the factors to autism. The researcher concluded there was “insufficient evidence to implicate any one perinatal or neonatal factor in autism etiology.” However, they said some evidence suggested the presence of “multiple neonatal complications may increase autism risk.”

[M]ultiple neonatal complications may increase autism risk.

The review also ruled out some factors, finding some were not linked to autism such as the use during childbirth of anesthesia, forceps delivery or vacuum extractor delivery. High birth weight and large head circumference of the newborn were also discounted.

The researcher who headed the study, Hannah Gardener, who was at the Harvard School of Public Health at the time and is now at the University of Miami School of Medicine, emphasized in an interview that parents should not worry if any one of the factors was present at the time of their child’s birth.

There is no single strong cause of autism.

She said, “There is no single strong cause of autism.”

Twin studies have concluded that there is a genetic component to autism and Gardener emphasized the importance of the review’s conclusions that point to the need for continuing study of how factors surrounding birth may interact with genetic factors to result in future autism in a child.

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Clothing

One Tire, A Pair Of Tires Or A Set Of Tires In Highpoint Nc

byAlma Abell

Tires are an important and essential part of your vehicle’s performance. It is therefore important that all your tires are as uniform as possible for optimum performance. Handling problems may arise if your tires are not in good condition or identical. It can however be difficult to decide whether to replace one tire, a pair of tires or simply get a new set of Tires in Highpoint NC. There are a couple of things that you may need to think about in this case to help you make the right decision.

[youtube]http://www.youtube.com/watch?v=eojHwdl_Uck[/youtube]

Replacing a single tire is an option where you still have a good tread depth remaining on your other tires. A tire that has been damaged by a vandal, accident or road hazard can simply be replaced while maintaining the remaining three tires as long as they are in good condition. It is however important that you ensure that you replace the tire with the same speed rating, line, brand and size as the other three tires. You should avoid going for a cheaper option that is different from the others as it may bring problems with handling among other areas.

There are instances where a pair of tires can wear out more quickly than the other pair. This may be caused by out-of-spec wheel alignment, lack of rotation or loose mechanical parts. Before replacing the tires, it is important to have the problem corrected. It is a good idea to only replace a pair of tires if the other pair still has good tread depth and is in overall great condition. Try as much as possible to match the size and type, although a new identical pair to the existing ones would be most desirable.

Lastly, you may need to get a new set of Tires In High Point NC if all the tires are equally worn out. This is usually straight forward and you will have more options and flexibility in selecting your new tires. You can choose to replace your tires with the original brand and type if you are happy with the service that you got so far. You may need to speak with your mechanic to help you determine which will be the best option for you. You should avoid going for the cheapest solution and rather opt for what is really needed for your current situation.

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UK tabloid Daily Star pays libel damages to Ozzy Osbourne

Saturday, June 7, 2008

The Daily Star, a tabloid newspaper in the United Kingdom, has paid an undisclosed amount of libel damages to Ozzy Osbourne stemming from an inaccurate representation of his appearance at the Brit Awards.

Osbourne, famous for both his solo rock career and fronting the heavy metal band Black Sabbath, was hosting the show alongside wife Sharon and children Jack and Kelly. In an ensuing Star article titled “Ozzy Freak Show”, the 59-year old was portrayed as suffering from health problems that rendered his ability to host the show questionable.

The article claimed that he had collapsed twice before the show began, prompting the show’s organisers to enter emergency talks debating whether Osbourne was fit to continue as planned or instead should be withdrawn and hospitalised. It also reported that the singer had used an electric buggy to move around behind the scenes and had been designated a place to sit in case he felt tired. All of these allegations were found to be false.

At the settlement in London’s High Court, at which the Osbournes were not present, Kate Wilson, representing Express Newspapers, apologised for the article and accepted that it should never have been published. Express Newspapers owns the Daily Star.

Osbourne says that the money will go to his wife’s charity, the Sharon Osbourne Colon Cancer Program.

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