Topical Resources:

Important Cases

See below for an overview of important cases that Olivier D. Long, Esq has reviewed that may be applicable to your case.

  • Albert v Albert 38 Va. App. 284, 284, 563 S.E.2d 389, ___ (2002) Comment of Olivier Denier Long: This case forth the current Virginia criterion for modifying visitation. It extends what was until now the custody modification standard so that the same standard includes visitation as well. “When determining whether to change visitation, a trial court “must apply a ...
  • Bazzle v Bazzle 37 Va. App. 737, 737, 561 S.E.2d 50, ___ (2002) Comment of Olivier Denier Long, Esq. — The Bazzle property settlement agreement (“PSA”) remained a contract, and was not ratified and affirmed by the divorce court. In other words, it did not become part of a court order. When Husband stopped paying alimony, wife got ...
  • Bchara v Bchara Bchara v. Bchara, 38 Va. App. ___ 1529014, ___ S.E.2d ___ (2002) What does this case say? Wife separated under the same roof when she found a videotape of her husband having sex with other women. When wife proves the marital home was constructed with her money from before the marriage, she gets the house. If husband ...
  • Board of Education v Earls 536 U.S. ___ 01332, 01332 (2002) Comment by Olivier Denier Long, Esq. — BOARD OF EDUCATION OF INDEPENDENT SCHOOL DISTRICT NO. 92 OF POTTAWATOMIE COUNTY ET AL. v. EARLS ET AL. Is a narrow, 5-to-4 decision by the U.S. Supreme Court ...
  • Analysis of Bruemmer v Bruemmer Analysis of Bruemmer v. Bruemmer | EZ Justice, PLC Analysis: Bruemmer v. Bruemmer Facts: The Husband’s partnership voted to establish the required level of each partner’s 401K, deferred benefit plan and capital contribution. Ruling: These contributions are excluded from Husband’s gross income in calculating support, because they are mandatory payments that Husband cannot individually control. Comment: Isn’t ...
  • Burke v Burke Comments Facts: Negotiating a separation agreement pro se, Husband told Wife she could have lifetime health benefits from the Military even though the marriage was less than 20 years. Wife’s counsel said it could not happen, but she preferred to believe her spouse and signed the agreement. Almost immediately after divorce, ex-husband wrote the Military to ...
  • Civil Liability Opinions Understanding the Legal Process | EZ Justice, PLC Lawyers Like State’s Civil Liability System Jan 24, 2002 BY ALAN COOPER TIMES-DISPATCH STAFF WRITER © 2002, Richmond Newspapers Inc. Top corporate counsels view Virginia’s civil liability system as the second most favorable ...
  • Analysis of Fowlkes v Fowlkes Analysis of Fowlkes v. Fowlkes | EZ Justice, PLC Analysis: Fowlkes Facts: Husband and wife build an addition on wife’s separate property using only the separate funds of each party. Ruling: Wife’s separate property remained 100% hers. She resisted placing the property in joint names, and her resistance led to the breakup of the marriage. Comment of Olivier ...
  • Goodhand v Kildoo 37 Va. App. 591, 591, 560 S.E.2d 466, ___ (2002) Comment of Olivier Denier Long, Esq. — This is an important custody relocation case. Here, mother wins permission to take the parties’ child to Arizona. The relocation standard to be applied by trial courts is stated by the Court of Appeals: “Virginia law simply requires the court to ...
  • Goodhand v Kildoo 37 Va. App. 591, 591, 560 S.E.2d 466, ___ (2002) Comment of Olivier Denier Long, Esq. — This is an important custody relocation case. Here, mother wins permission to take the parties’ child to Arizona. The relocation standard to be applied by trial courts is stated by the Court of Appeals: “Virginia law simply requires the court to consider ...
  • Hagwood v Newton Link to case: http://caselaw.findlaw.com/us-4th-circuit/1232652.html PUBLISHED< UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ------------------------------------------------* MARY M. HAGWOOD, co-administrator of the estate of Toni J. Odom; TAMMY O. REEVES, co-administrator of the estate of Toni J. Odom; TONY C. ODOM, Plaintiffs-Appellants, v. No. 01-1909 CHARLES C. NEWTON, JR.; BELLSOUTH CORPORATION; BELLSOUTH SAVINGS AND SECURITY PLAN; BELLSOUTH EMPLOYEE STOCK OWNERSHIP PLAN, Defendants-Appellees. ———————————————— Appeal from the United States District Court for the ...
  • Heriot v Byrne Heriot v. Byrne, 2009 WL 742769 (N.D. Ill. March 20, 2009) United States District Court, N.D. Illinois, Eastern Division. Drew HERIOT and Drew Pictures Pty Ltd., Plaintiffs and Counterdefendants, v. Rhonda BYRNE, the Secret LLC (a/k/a TS Holdings LLC) Prime Time U.S. INC., TS Production Holdings LLC, TS Productions LLC, and TS Merchandising Ltd., Defendants and Counterclaimants. No. 08 ...
  • Joynes v Payne 36 Va. App. 401, 401, 551 S.E.2d 10, ___ (2001) Joynes v. Payne, 36 Va. App. 401, 551 S.E.2d 10 (2001) IN THE COURT OF APPEALS OF VIRGINIA ARGUED BY TELECONFERENCE STANLEY K. JOYNES, ...
  • Lehman v Lehman Lehman v. Lehman, 38 Va. App. ___ 3154011, ___ S.E.2d ___ (2002) IN THE COURT OF APPEALS OF VIRGINIA ARGUED AT CHESAPEAKE, VIRGINIA SHARON FINAN LEHMAN v. ...
  • M Morgan Cherry & Associates v Cherry 38 Va. App. ___ 2854004, ___ S.E.2d ___ (2002) Comment of Olivier Denier Long, Esq. — Would this case have been decided differently if Husband’s ownership interest in the business that employed him had been less than 50%? ...
  • McLellan v Commonwealth of Virginia 37 Va. App. 144, ___, 554 S.E.2d 699, ___ (2001) Olivier Denier Long, Esq. comments: This case is a good survey of the three types of confrontation between citizens and law enforcement. +++ ...
  • Miederhoff v Miederhoff Miederhoff v. Miederhoff, 38 Va. App. ___ 2372012, ___ S.E.2d ___ (2002) What does this case say? A minor child is entitled to child support by court order. The parents agree that if Dad pays college expenses for the child and does not challenge custody, Mom will waive (not claim) the child support due for that child. ...
  • Comments: O’Hara V O’Hara O’Hara v. O’Hara – Comments by Mr. Long | EZ Justice, PLC Analysis: O’Hara Facts: The PSA (Property Settlement Agreement) says support ends after one year of cohabitation analogous to marriage. Issue: Does support payor have to prove the cohabitation using the clear and convincing statutory standard, or the preponderance of the evidence contract standard? Ruling: ...
  • O’Hara v O’Hara O’Hara V. O’Hara | EZ Justice, PLC Analysis: O’Hara v. O’Hara COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judge Clements and Senior Judge Coleman Argued at Alexandria, Virginia TIM PRICE O’HARA v. Record No. 0038-04-4 SANDRA H. O’HARA OPINION BY JUDGE SAM W. COLEMAN III JUNE 7, 2005 SANDRA H. O’HARA v. Record ...
  • Princiotto v Gorrell Princiotto v Gorrell Princiotto v. Gorrell, 42 Va. App. 253, 590 S.E.2d 626 (2004) IN THE COURT OF APPEALS OF VIRGINIA ARGUED AT RICHMOND, VIRGINIA PATRICIA A. PRINCIOTTO (GORRELL) ...
  • Schwartz v Schwartz Analysis Schwartz v. Schwartz | EZ Justice, PLC Analysis: Schwartz Facts: The children’s therapist testified in a show cause hearing (in which the father tried to establish the mother was in contempt for violating a prior court order). The therapist said that the mother denigrated the father in front of the children. Fairfax Circuit Court Judge Jonathan Thatcher ...
  • Thomas v Thomas Thomas v. Thomas is a major equitable distribution decision in Virginia. Olivier Denier Long wrote the brief for the Appellant / Husband. Mr. Thomas prevailed on two significant issues, only one of which is discussed here. Thomas establishes for the ...
  • Walson v Walson 37 Va. App. 208, 208, 556 S.E.2d 53, ___ (2001) Comment by Olivier Denier Long, Esq. — WALSON throws out an agreement between counsel because the agreement was not in writing signed by the parties. I disagree with the majority in this this two-to-one opinion. Judge Rosemarie Annunziata is absolutely right in her dissent. ...
  • Weise v. Weise – Commentary Analysis: Weise Facts: The Husband invested separate money in the purchase of the jointly titled marital home, which was always marital property. The home was refinanced three times through joint loans. In the third refinance, the parties took out some cash that they divided 50/50. Issue: Was the husband’s separate investment traceable back to ...