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Author Archives: Christine Wright

What must a landlord do when re-letting property? (access required)

Most legal controversies never make it to the Virginia Supreme Court, but one spat over a commercial lease has reached the high court twice. In the dispute’s latest incarnation, the Supreme Court has agreed to hear arguments over the landlord’s ...

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Roanoke, C'ville to explore local spousal-support rules (access required)

The movement to adopt local spousal-support guidelines has spread to two major cities in Virginia. Bar associations in Roanoke and the Charlottesville-Albemarle area have appointed committees to explore guidelines. In both instances, area judges initiated the process. And by year’s ...

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Legal Analysis–Child support: Deviating from guidelines (access required)

When the child-support guidelines first came out, some judges groused about having their discretion hampered. And family lawyers questioned whether the guidelines were flexible enough. But six years later, lawyers find that the guidelines have improved the law in Virginia. ...

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Tip: Drafting indemnity clauses that work (access required)

Clients that use indemnity clauses to protect them from liability rely on their lawyers to ensure that the clauses will be enforceable. One rental company recently got burned, though, when a federal judge in Alexandria refused to enforce an indemnity ...

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11th-hour title glitch voids sale (access required)

A foreclosure sale must be set aside because the trustee refused to halt the sale after learning of a title glitch as he stood on the courthouse steps, a Charlottesville Circuit judge has ruled. The case demonstrates, as the trustee’s ...

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Reform Act gives attorneys new tool for loan negotiation (access required)

Business lawyers negotiating loans for clients should try to get banks to delete so-called “DePrizio waivers,” said Wilson R. Trice of Richmond at the meeting of the business-law section of the VBA. The 1994 Bankruptcy Reform Act makes the waivers ...

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Court narrows state's use of previous DUIs (access required)

When sentencing a defendant for driving under the influence, a court cannot admit evidence of a past uncounseled conviction for which the defendant received a suspended sentence, the Court of Appeals has ruled in a case of apparent first impression. ...

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Furnace company caused fire loss, landlord claims (access required)

A landlord whose building was damaged by fire can proceed on its negligence claim against a furnace company hired by the tenant, a Spotsylvania Circuit judge has ruled. The furnace company argued that the economic-loss rule barred the tort claim. ...

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Rehab alimony postponed (again) as VSB section, VWAA bargain (access required)

Domestic-relations lawyers who want to see a new law allowing rehabilitative alimony should cool their heels, because legislative change looks unlikely in 1995. Family lawyers widely support the concept of rehabilitative alimony, which is spousal support for a limited duration. ...

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Practice Tip–Casting doubt on certainty: (access required)

Anyone who has watched “cop shows” on television or read crime books has heard of a victim or eyewitness crying out, “I’ll never forget that face!” The common lore among laypeople is that eyewitnesses to crimes remember the details vividly. ...

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