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Monthly Archives: April 2010

Fee cap waiver money has run out

Virginia’s court-appointed lawyers are working strictly on the straight fee plan until July 1, according to an April 13 memo from Supreme Court Executive Secretary Karl Hade. The $4.2 million allocated for fee cap waivers for FY2010 has run dry, ...

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Mims, former AG, legislator, joins Va. Supreme Court (access required)

Justice William C. Mims began hearing cases Monday, only three days after he was formally invested as the 100th person to serve on the Supreme Court of Virginia. His former position as chief deputy attorney general, and then attorney general after ...

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No presumption that debt is marital in equitable distribution (access required)

When arriving at an equitable distribution of a couple’s property, it’s only logical to start with the presumption that assets and debts acquired or incurred during the marriage are marital rather than individual, right? Logical perhaps, but the Supreme Court ...

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Yet again, easement cases from the Supreme Court (access required)

For those of you who suspect that the Supreme Court of Virginia has never seen an easement dispute that it didn’t think merited its attention, we have three more examples today. One, Hafner v. Hansen, involves what seems to be ...

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It’s not a cemetery unless it contains a dead body (access required)

The Supreme Court of Virginia split 4-3 today on the issue of just what constitutes a cemetery. In a case from Rockingham County, the lower court and the Supreme Court majority held that a site can’t be a cemetery without ...

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Inverse condemnation case clears early hurdle

A Wythe County man whose property may set some kind of record for condemnation actions has won an early skirmish in his battle to extract more compensation from the state Department of Transportation. Wythe County Circuit Judge Joey Showalter denied ...

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Who to sue? Who’s doing the suing?

Today’s crop of 18 opinions from the Supreme Court of Virginia brings additional evidence that lawyers still struggle to follow the rules about proper parties in civil actions. In Johnson v. Hart, the beneficiary of a will was dissatisfied with ...

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