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Monthly Archives: July 2013

Appeals court affirms 7½-year sentence for mortgage fraudster

Disbarred Washington lawyer Howard Shmuckler, convicted of fraud after being accused of fleecing hundreds of homeowners facing foreclosure, has struck out with efforts to cut his prison sentence and restitution order. Shmuckler, who lived in Virginia Beach before admitting to ...

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Experts fail Daubert test in toxic tort case

Experts proffered by a drugstore employee suing an HVAC contractor were not allowed to testify that the employee’s injuries were caused by exposure to refrigerant gas used in store freezers, a federal appeals court has ruled. Deborah Zellars alleged that ...

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McDonnell names three as circuit judges

Governor Bob McDonnell has appointed judges to fill three of six vacant circuit court positions that were not filled by the 2013 General Assembly. Thursday, McDonnell announced the appointments of Suffolk assistant commonwealth’s attorney Robert H. Sandwich Jr. in the ...

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Doctor who torpedoed his own med mal defense settles case

A Martinsville doctor whose behavior in a medical malpractice case cost him his defense and threatened his insurance coverage has resolved his legal troubles, his lawyer reports. Martinsville Circuit Judge Carter Greer granted summary judgment on liability against cardiologist Jack ...

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Charges dismissed in voter registration case

HARRISONBURG (AP) — A judge has dismissed misdemeanor charges against a Pennsylvania man accused of throwing away Virginia voter registration forms. Colin Small, 23, of Phoenixville, Pa., was charged in October 2012 with four misdemeanor counts of destroying voter registration forms, eight ...

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Proposed LEO on guardians ad litem blasted (access required)


A proposed Virginia State Bar Legal Ethics Opinion has drawn fire from lawyers who work in juvenile and domestic relations courts. Under proposed LEO 1870, a child is considered to be “represented” by a guardian ad litem when lawyers try ...

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Prosecutor finds no foul by Va AG for late reports

(AP) A Richmond prosecutor has cleared Attorney General Ken Cuccinelli of criminal wrongdoing for failing to promptly report thousands of dollars in personal gifts he had received years earlier, including a vacation and a catered Thanksgiving dinner. Richmond Commonwealth’s Attorney ...

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Beer cans kept out of big-rig case

Beer containers in the cab of a tractor-trailer could be kept out of evidence at a lawsuit that arose from a collision involving three commercial trucks and a Hyundai sedan, a federal appellate court has ruled. The beer containers were ...

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Claimant Faulted for Procedural Errors (access required)

Finding multiple procedural errors in this appeal, the Court of Appeals summarily affirms the commission’s termination of claimant’s temporary total disability benefits and denial of his requests for a change in treating physicians and assignment of a Spanish-speaking adjuster. Claimant ...

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