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Author Archives: Deborah Elkins

Criminal – Death Penalty – Mental Retardation – Competency – Collateral Proceeding (access required)

A death-row defendant whose case was remanded for a determination of mental retardation pursuant to Va. Code § 8.01-654.2 is entitled to have the circuit court determine his competency, the Supreme Court of Virginia says, regardless of whether the question ...

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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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A League of ‘Extraordinary Women’

When working women – from CEOs to secretaries – meet to network, balancing “work v. life” issues is one topic that is sure to break the ice. Carol Evans, CEO and president of Working Mother Media, invites every woman in ...

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Workers’ Comp – Knee Replacement – Pre-Existing Condition – Aggravation (access required)

A claimant who suffered a work injury that aggravated her pre-existing condition, from her prior total knee replacement from a non-work-related medical condition, is not entitled to a 37 percent lower left extremity impairment rating, the Court of Appeals holds. ...

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