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Monthly Archives: August 2009

VSB Disciplinary Actions (access required)

On July 13, a Virginia State Bar Second District Subcommittee imposed a public reprimand with terms on Norfolk lawyer Michael Bruce Hamar for violating professional rules that govern scope of representation, diligence, communication, conflict of interest, safekeeping of property, and ...

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Contract – Arbitration Clause – Engagement Letter – Defamation (access required)

A former executive who sues defendant accounting firm for defamation and tortious interference, alleging he lost his job because he was defamed by the accounting firm hired to perform audit services, is not bound by the arbitration clause in the ...

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Real Estate – Ingress Easement – Subdivision Deed (access required)

A Fairfax Circuit Court traces language through multiple subdivision deeds and finds that an easement exists benefiting Parcel A and burdening Parcel D, and the owners of Parcel A win summary judgment on their claim to use of the easement, ...

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Criminal – Speedy Trial – Competency Evaluation (access required)

Although defendant has been continuously in custody since Feb. 13, 2007, when a JDR court determined there was probable cause to believe defendant had murdered his father, a Fairfax Circuit Court denies defendant’s motion to dismiss the indictment for statutory ...

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Contract – Arbitration – Rehab Center – Patient Signature (access required)

Although a patient’s daughter signed a rehabilitation center’s contract as a “responsible party” for her mother, who was incapacitated from a stroke, the daughter had no authority to bind the mother to arbitration under the contract and a Fairfax Circuit ...

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Domestic Relations – Equitable Distribution – Marital Home (access required)

The Court of Appeals says a divorce court did not err in awarding wife 65 percent of the net proceeds from sale of the marital home, despite husband’s claim that a “separation agreement” provided for equal distribution of the proceeds. ...

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Domestic Relations – Custody & Visitation – Father’s Evaluation (access required)

The Court of Appeals upholds a custody and visitation order that required father to have visitation with his daughter supervised by a guardian ad litem. The trial court did not abuse its discretion in denying father’s request for a continuance ...

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Domestic Relations – Equitable Distribution – Business Appraisal (access required)

A wife loses her challenge to a divorce court’s division of the family landscaping business to give wife 40 percent, and its equitable distribution of real estate, some of which was husband’s separate property; the Court of Appeals says the ...

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