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Monthly Archives: May 2009

Written submissions allowed at writ argument? (access required)

When the Supreme Court of Virginia recently upheld one of the largest personal injury verdicts rendered in Virginia, the court left unresolved a procedural issue raised in the case: whether a petitioner for appeal may submit to the writ panel ...

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DNA hard to challenge, but fingerprints may be attacked (access required)

DNA evidence may be tough to challenge, given the scientific rigor behind its development as a forensic tool. But that same rigor does not support other kinds of evidence taken for granted in today’s courtrooms. There is a dearth of ...

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Capsalis undeterred by critics of diversity initiative (access required)

The Virginia State Bar Council is scheduled to vote next month on a package of diversity proposals aimed at fostering inclusion of minority interests in the Virginia legal profession. Despite grumbling from critics that some aspects of the diversity initiative ...

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No protest for ‘nonresponsive’ bid (access required)

The construction business may be cooling off, but construction litigation is heating up. With less of a chance to move on to the next lucrative project, contractors may be seeking to wring every last dime from past projects, or even ...

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Disbarred lawyer indicted in $4M theft from estate (access required)

Disbarred Franklin lawyer J. Edward Moyler Jr. has been indicted on nine embezzlement charges stemming from the theft of more than $4 million from an estate for which he was the executor. Moyler acknowledged the theft during a court appearance ...

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Warner touts e-medical data despite hacker attack (access required)

A hacker’s theft of millions of Virginia’s most sensitive prescription drug records isn’t slowing Sen. Mark Warner’s push for electronic medical records. The former governor convened a conference in Richmond last week about the medical and cost-saving benefits of digitizing ...

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Norfolk votes to ban use of Chinese drywall (access required)

NORFOLK—Contractors in Norfolk are no longer allowed to use Chinese drywall when constructing or renovating buildings in the city. The city council voted unanimously last Tuesday to require contractors to certify that they are not using drywall made in China, ...

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Judge Marilynn Goss to receive VSB award for ‘Excellence’ (access required)

Richmond Juvenile & Domestic Relations Judge Marilynn C. Goss has been named the 2009 recipient of the Tradition of Excellence Award by the Virginia State Bar’s General Practice Section. The award recognizes more than a quarter century of practice representing ...

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VSB Disciplinary Actions (access required)

On April 24, the Virginia State Bar Disciplinary Board revoked the law license of Joseph Kelly Haley III of Petersburg. According to the VSB, Haley stipulated that he violated professional rules that govern competence, diligence, safekeeping property, declining or terminating ...

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Income imputed to pastor who retired during divorce – $420,000 Verdict (access required)

In this legal malpractice “case within a case,” a wife’s divorce attorney endorsed a decree reserving spousal support for later decision “upon a proper showing of a change in circumstances and conditions.” Because wife had recently filed bankruptcy, lost her ...

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