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Monthly Archives: March 2010

Products Liability – Chinese Drywall – Warranty Claims – Economic Loss Rule (access required)

In these consolidated lawsuits against builder/developer defendants and manufacturer/supplier defendants, alleging use of defective Chinese drywall, a Norfolk Circuit Court overrules defendants’ demurrers to plaintiffs’ claim for breach of implied warranties and demurrer citing the economic loss rule as a ...

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Domestic Relations – Equitable Distribution – Marital Home – Husband’s Bankruptcy (access required)

Although a bankrupt husband sold his tenant-in-common interest in the marital home to wife, he still gets a share of the equity in the home, says a Norfolk Circuit Court. The issue presented is whether husband is entitled to claim ...

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Former judge accuses prosecutor of lying in court

With the help of former federal judge Walter Kelley, a Virginia Beach real estate developer is hoping to get a federal prosecutor disciplined for allegedly lying in court. Kelley, now a lawyer in private practice, has asked Justice officials to ...

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Let the jury decide (access required)

Fairfax Circuit Judge Jane Marum Roush reminded those at the Virginia Trial Lawyer Association’s annual convention on Saturday, “The Supreme Court has a lof of faith that, if given the opportunity, the jury will get it right.” The court had ...

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Judge H. Clyde Pearson, RIP

Back when I was in law practice, I handled some bankruptcy work, wasn’t always easy down in Southwest Virginia if you represented creditors. The federal bankruptcy judge in the area was Judge H. Clyde Pearson, who was known for being ...

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Criminal – Custody – Miranda Warnings – Voluntary Police Interview (access required)

A defendant who voluntarily went to the police station and answered questions cannot suppress information he volunteered to the police, and the Court of Appeals upholds denial of defendant’s motion to suppress and his conviction of taking indecent liberties with ...

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