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Author Archives: John Tuerck

Annual Report Results In Fraud Suit Against Auditor (access required)

A shareholder in a company that went bankrupt can bring a fraud suit against the accounting firm that prepared the company’s annual report, a federal judge in Richmond has ruled. The high-profile bankruptcy of Enron and subsequent investigation of Arthur ...

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Night Court Proposed For Fairfax (access required)

Looking to cut overtime paid to police officers and reduce the number of hours the officers spend in court, a Fairfax County supervisor has proposed a night court for traffic matters. But the county’s long-time commonwealth’s attorney dismissed the idea ...

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Judge Bray To Leave The Appeals Court On Aug. 31 (access required)

Judge Richard S. Bray, an 11-year veteran of the Court of Appeals of Virginia, is stepping down to lead a Portsmouth charitable foundation. Gov. Mark R. Warner announced Bray’s resignation, which takes effect Aug. 31, last Wednesday. “I love the ...

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Short Notice Sufficient To Cover Large PI Award (access required)

An excess insurance carrier alerted to its insured’s claim just weeks before the insured lost a multi-million dollar case had sufficient notice to trigger coverage, a federal judge in Richmond has ruled. On June 22, 2001, a Richmond jury ordered ...

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Defending A Toxic Mold Case (access required)

GLEN ALLEN — Lawyers in Virginia gradually are becoming aware of toxic mold and the legal issues it raises. In some other states, plaintiffs have been pursuing claims based on mold and its allegedly deleterious effects on property and health. ...

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Removal Restarts Clock For Service Of Process (access required)

Even though a plaintiff did not serve a lawsuit on two defendants until 14 months after it had been filed in state court, he may do so because the case had been removed to federal court, a federal judge in ...

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Preferences found at state law schools (access required)

A black applicant to the University of Virginia School of Law in 1999 was 730 times more likely to gain admission than a white applicant with identical academic credentials, according to a new study by a watchdog group that monitors ...

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Contrib Defense Available Despite Negligence Per Se (access required)

Even though an apartment building owner was negligent per se by having an inadequate balcony railing, it could use a contributory negligence defense to a lawsuit brought by a woman who fell, a federal judge in Newport News has ruled ...

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Injured Cop Gets $2.7M Verdict (access required)

A Richmond jury has awarded $2.73 million in compensatory damages to a Henrico County police officer broadsided by a garbage truck with bad brakes. According to Charlottesville attorney J. Gregory Webb, the accident left the 28-year veteran, who led the ...

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Attack On The Machine For Breath – Test Can Win DUIs (access required)

The Intoxilyzer 5000, the breath-test machine used by the state in drunken driving cases, is at the center of a DUI defense that has proved successful for two lawyers who routinely handle DUI cases. Both defenses involve a breath test ...

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