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Monthly Archives: January 2009

Buyer’s due diligence scuttles fraud claims (access required)

An accountant who did his own due diligence before buying a Chesapeake accounting firm cannot blame the seller for the buyer’s failure to uncover issues he said led to the loss of the firm’s largest client. The seller initiated suit ...

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Insurance – Liability – ‘Resident Relative’ – Notice (access required)

A young man killed in an auto accident who was staying temporarily with his parents until he could move into a friend’s house was not a “resident relative” and does not have coverage under his parents’ insurance policy, a Chesterfield ...

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Domestic Relations – Termination Of Parental Rights – Independent Living (access required)

Although mother said she went to counseling, kept a stable living environment and employment and adequately cared for her second child, the Court of Appeals affirms a trial court judgment that termination of the mother’s parental rights was in the ...

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Bills discharged in bankruptcy can’t be used (access required)

In a ruling hailed by personal injury defense lawyers, a Norfolk federal magistrate judge has rejected an injured motorist’s effort to claim medical bills that were discharged in bankruptcy court. Wesley Payne claimed he was hurt in 2007 when his ...

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Criminal – Child Neglect & Abuse – Scalded Infant (access required)

A mother who failed to take her infant to the hospital but left him in the care of her boyfriend, who had scalded the child with hot water, has her conviction of child abuse and neglect affirmed by the Court ...

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Domestic Relations – Equitable Distribution – Property Classification (access required)

A divorce court did not err, as wife contends, in refusing to give wife credit for the full amount of post-separation mortgage payments on the marital home, according to the Court of Appeals. After the parties separated, husband left and ...

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Med-mal damages cap fight held over until 2010 legislative session (access required)

Despite the introduction of a bill to boost the Virginia medical malpractice damages cap, it looks like the fight over a cap increase will be delayed until the 2010 legislative session. Legislation introduced for the General Assembly session that starts ...

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Criminal – Forging Public Record – Fixing DUI Conviction (access required)

The Court of Appeals affirms the conviction of a former management analyst in the Fairfax County commonwealth’s attorney office for forging a public record in violation of Va. Code § 18.2-168, for her role in changing a record of a ...

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‘Largest Verdicts’ of 2008 presented (access required)

Virginia Lawyers Weekly’s survey of the “Largest Jury Verdicts of 2008” found 15 seven-figure judgments in 2008, barely half the number recorded two years ago and five fewer than reported last year. Not that there weren’t a substantial number of ...

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Criminal – Felon In Possession – DNA Evidence (access required)

There was significantly more evidence of defendant’s possession of a firearm discovered in the car, than just his occupancy of the vehicle and mere proximity to the firearm, and the Court of Appeals affirms his weapons conviction. First, by glancing ...

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