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Monthly Archives: November 2009

Jurors expect tech, but still want evidence ‘live’ (access required)

You may save money by having your witnesses testify by video deposition but at a significant cost in terms of juror attention and respect for your case. That may be especially true if the other side elects to put on ...

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WD ‘top gun’ looks at ties to local law enforcement (access required)

The newly sworn U.S. Attorney for the Western District of Virginia says he found out early the type of law he didn’t want to do. Timothy J. Heaphy said he had a big office with a big firm in San ...

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Negligence – Premises Liability – Expert Testimony (access required)

In this negligence action involving repairs by a landlord, a Richmond Circuit Court says the three experts designated by plaintiff may not opine on whether the facts and circumstances in the case are violations of the cited building codes. During ...

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Administrative – Sovereign Immunity – Venue – COPN (access required)

A Richmond Circuit Court will not dismiss this agency appeal on respondent’s claim of sovereign immunity, but will transfer the matter to Spotsylvania County Circuit Court. Under Va. Code § 8.01-261(1), the parties focus their contentions on the provision that ...

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E-discovery in arbitration: How to hand-tool your agreement (access required)

Limited discovery has long been the hallmark of arbitration proceedings. This approach to discovery correlates well with arbitration’s principal values: the containment of costs and the efficient and speedy resolution of disputes. The rules promulgated by arbitral tribunals such as ...

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Employment – Contract – Novation – Craving Oyer (access required)

A former executive with Brown Distributing Company seeking additional compensation the company allegedly owes him can’t get the company’s counterclaim for declaratory relief dismissed, but he is entitled to any writing the company alleges embodies their overall agreement, in response ...

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Virginia law schools report bar pass rates (access required)

Most Virginia law schools handily beat the statewide percentage for graduates passing the Virginia bar exam on their first try this past July. The annual two-day testing session in Roanoke produced an overall passage rate of 75 percent. The number ...

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Real Estate – Quantum Meruit Claim for Rent (access required)

A Norfolk Circuit judge says the city states claims for implied contract and quantum meruit against the occupant of an arcade, whose owner assigned its rent payments to the city, on allegations that the occupant discussed paying rent, continued to ...

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Advisory panels backs off anonymous jurors (access required)

Virginia’s Advisory Committee on Rules of Court has backed away from its original proposal to have jurors in criminal cases identified only by number as a matter of course. The original draft had drawn criticism from newspapers, the Virginia Coalition ...

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