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Monthly Archives: January 2010

Civil Procedure – Dead Man’s Statute – Corroboration – Independent Evidence (access required)

Although circumstantial evidence may support a man’s claim that he moved his family to a Sussex County farm and assisted his elderly aunt and uncle after they promised to leave the farm to him after both died, there was no ...

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Wills & Trusts – Administrator Plaintiff – Reason For Appointment – Wrongful Death – Survival Claim (access required)

An administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Va. Code § 8.01-50 lacked standing to assert personal injury survival claims on behalf of the estate, the Virginia Supreme Court holds. A ...

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Insurance – House Fire – Personal Property – Replacement Value – Limitations (access required)

Although plaintiff’s earlier nonsuited state court action – a petition for an umpire to resolve an insurance dispute over replacement value for her personal property – sought a “different remedy” than her refiled action, a Richmond U.S. District Court says ...

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High court to judges: Get record right or retry case (access required)

A debate among judges about the use of written statements for appeals may have an answer in a new Supreme Court of Virginia decision emphasizing the responsibility of trial judges to ensure a proper appellate record. The unanimous court pointedly ...

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Hassell: Put payee notice aside for now (access required)

Chief Justice Leroy Rountree Hassell Sr. has asked the Virginia State Bar and the Virginia Trial Lawyers Association to back off on payee notification legislation in this session of the General Assembly. Hassell told VSB Executive Director Karen A. Gould ...

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Med-mal damages cap not on General Assembly’s agenda (access required)

The cap on medical-malpractice recovery will remain at $2 million for at least another year. Representatives of healthcare organizations and the Virginia Trial Lawyers Association met with the chairmen of the House and Senate Courts of Justices Committees earlier this ...

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