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Monthly Archives: June 2009

Family of ex-sailor wins $1.2M in asbestos lawsuit (access required)

NEWPORT NEWS—The family of a retired Navy sailor who died of cancer triggered by asbestos fibers he inhaled on the job decades ago has won $1.2 million in its lawsuit against a ship-parts manufacturer. Gerald Gray died in April after ...

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Cohabitation clauses are not ’self-executing’ (access required)

Clauses that terminate spousal support when the supported spouse moves in with a partner are common in property settlement agreements. But such cohabitation clauses are not necessarily “self-executing,” as the Court of Appeals ruled last week in Stroud v. Stroud. ...

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Attorney General: Wrong man was convicted of 1984 rape (access required)

The Virginia attorney general’s office says a man’s conviction for a 1984 rape in Richmond should be vacated because of DNA evidence that implicates another man. In a filing with the Supreme Court of Virginia, the office agrees with a ...

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Virginia Tech newspaper sues over denied FOIA request (access required)

CHARLESTON, W.Va.—Virginia Tech’s student newspaper is suing the West Virginia State Police to obtain documents related to the investigation of a graduate student’s disappearance in September 1998. The lawsuit filed by Educational Media Co., operator of The Collegiate Times, seeks ...

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VSB Disciplinary Actions (access required)

On May 27, a Virginia State Bar Second District Subcommittee imposed a public reprimand with terms on Norfolk lawyer Mark M. Kantro for violating professional rules that govern competence, diligence, communication and terminating representation. The misconduct occurred in two appeals ...

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Negligence – ‘Hired Gun’ Testimony Excluded (access required)

A doctor who got a referral from and was paid by a p.i. plaintiff’s lawyer cannot testify without a Rule 26 expert report, and the Norfolk U.S. District Court also applies Daubert to exclude causation and prognosis testimony by an ...

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Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute – Transacting Business (access required)

In this dispute between a Virginia tech holdings company and defendant Massachusetts companies over negotiations to form a new joint venture company, a Chesterfield County Circuit Court says it does not have personal jurisdiction over the defendants under the Virginia ...

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Real Estate – Condemnation – Property Value – Special Exception Condition (access required)

In this condemnation dispute between the Commonwealth Transportation Commissioner of Virginia and a property owner, NA Dulles Real Estate Investor LLC, the Loudoun County Circuit Court denies reconsideration of its earlier decision granting the owner’s motion in limine to prohibit ...

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Civil Procedure – Appeal Bond – Jurisdiction – Bond Release (access required)

A plaintiff who won a GDC judgment for $2,150 can collect that judgment from the $2,500 appeal bond posted by defendant but released to plaintiff to satisfy her judgment after the Greensville County Circuit Court said it had no jurisdiction ...

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Search & Seizure – Unreasonable Search Of Pants – Suspicion Of Contraband (access required)

The Court of Appeals reverses a defendant’s conviction of marijuana possession because police did not have a reasonable suspicion to support a search of defendant’s pants, based on his having gone to another room to retrieve his pants after police ...

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