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Author Archives: Harrison Osborne

Husband can't evict wife if the two live together (access required)

Contributing Editor Even though a husband may evict his wife from his separately-titled house, he may not do so if the couple is been living together on the property, a Fairfax circuit judge has ruled. The judge held that a ...

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Coverage applies from policy in effect when damage found (access required)

Contributing Editor When a building was damaged by water over a period of time covered by two separate and successive insurance policies, coverage could only be obtained under the policy in effect at the time the damage was discovered, an ...

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DUI cases dismissed for defect in blood test form (access required)

Contributing Editor A defect in a preprinted form has caused the blood test results from three drunken driving cases to be suppressed. In a matter of apparent first impression, a Spotsylvania circuit judge has ruled that blood test results must ...

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Limited partner may sue his p'ship for negligence (access required)

Even though he was a limited partner in a partnership that owned a hospital, a doctor could sue the partnership for injuries he sustained from a slip and fall in the hospital, a Richmond circuit judge has ruled in a ...

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Practice Tips: Attacking a breath tester (access required)

Lawyers who defend drunken drivers make a specialty of finding defects in the statutes, ordinances and procedures governing DUIs. As fast as the legislature closes one loophole, enterprising attorneys find another. Richmond attorney L. Neil Steverson and Prince George attorney ...

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State's blood test nixed when defendant's independent sample can't be analyzed (access required)

When a driver’s blood sample was returned untested from the independent laboratory he selected, the commonwealth’s blood test results could not be admitted into evidence, a Greene County circuit judge has ruled. But the judge refused to dismiss DUI charges ...

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Practice Tips: A new way to cross-examine (access required)

One of the hardest things a trial lawyer has to do is to cross-examine an adverse witness. Conventional wisdom holds that cross-examination is an art that takes years to learn, and then only a talented few ever become masters. But ...

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Wrongful death award not immune from creditors (access required)

A bankruptcy judge has held that the proceeds from a wrongful death lawsuit can be used to pay off the creditors of a bankrupt’s estate. The judge ruled that wrongful death actions are not personal injury actions under a Virginia ...

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Discovery abuse nets record $33K sanction (access required)

A husband who tried to hide his business records from his wife must pay sanctions of more than $33,000, a Fairfax circuit court judge has ruled. The award is the largest sanction reported to Virginia Lawyers Weekly to date. The ...

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Bill would eliminate DUI defense tactic (access required)

A favorite tactic of lawyers who defend drunken drivers will be eliminated if a bill introduced in the Virginia Senate is enacted by the General Assembly this session. Localities prefer to charge drivers with drunken driving under local ordinances, rather ...

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