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Monthly Archives: February 2009

Crossover day: A checklist (access required)

Key initiatives that remain alive and those killed as the Virginia General Assembly reached “crossover day” Tuesday – the deadline for each chamber to pass its own bills and advance them to the opposite chamber. Survivors included: • Barring payday lenders ...

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Kaine: Smoking ban changes breach deal reached with GOP (access required)

Democratic Gov. Tim Kaine said amendments that substantially diluted a compromise to sharply curb smoking in Virginia restaurants breached a deal he made with House Republican leaders. Kaine wouldn’t commit last week to vetoing the measure if the House amendments ...

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VSB Disciplinary Actions (access required)

On Feb. 2, 2009, the Virginia State Bar Disciplinary Board revoked the law license of John L. Moss of Tazewell for violating professional rules that govern competence; diligence; communication; safekeeping property, including record keeping requirements and accounting procedures; delivery of ...

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Insurance – UM Coverage – Decedent Passenger – Subrogation Clause (access required)

In this litigation arising from an auto accident in which two young women died when their car was rear-ended by an uninsured motorist, the estate of decedent passenger cannot recover under the UM coverage of an insurance policy that covered ...

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Civil Rights – Prisoner Hand Injury – VTCA – Surgery (access required)

A prisoner who alleges inadequate medical care, in that he was not offered his choice of surgery for a hand injury sustained during a softball game, filed a notice of claim with the Virginia Office of the Attorney General and ...

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Civil Procedure – Res Judicata – Damages – Motion To Reconsider (access required)

A Hanover County Circuit Court grants defendants’ motion to reconsider and dismisses plaintiff leasing company’s suit on res judicata grounds. This court earlier denied defendants’ plea in bar based upon a finding that more damages are alleged in this case ...

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Negligence – Private School – Slip & Fall – Charitable Immunity (access required)

A private, not-for-profit school has charitable immunity from a personal injury suit by a parent who alleged injuries from falling into a hole on school grounds, a Hanover County Circuit Court rules. Defendant organization must first prove that it is ...

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Contract – Mechanic’s Lien – Preparation Costs (access required)

A Hanover County Circuit Court invalidates a mechanic’s lien filed by a contractor that incurred costs in anticipation of construction of a steel building, but did not provide labor or materials actually employed in construction of the building, which was ...

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Criminal – Habeas Corpus – Ineffective Assistance (access required)

Although defendant contends his lawyer provided constitutionally ineffective assistance of counsel in failing to argue a lesser-included offense, the Hanover County Circuit Court “finds it difficult to believe that a trial strategy that urges any finding of guilt is objectively ...

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