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Author Archives: John Tuerck

Location, Not Race, Is The Key Factor In Death Penalty (access required)

Where a capital defendant is charged, not his race, is the key factor in determining the likelihood that he will receive the death penalty, according to a study by the Joint Legislative Audit and Review Commission. “Specifically, other factors being ...

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Bomb Threat Shuts Down Courts (access required)

A bomb threat last Wednesday morning disrupted activity for several hours in two court buildings in downtown Richmond, including the Supreme Court of Virginia. As police helicopters buzzed overhead, Colonel George Mason of the Capitol Police said that at 7:16 ...

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Free Speech Right Can Back 'Bowman' Claim (access required)

A man can sue his former employer for wrongful discharge on the theory that his discharge violated his right to free speech under the Virginia Constitution, a circuit judge has ruled. In Bowman v. State Bank of Keysville, 229 Va. ...

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Virginia Lawyers Praise New Federal E-Filing Rules (access required)

Virginia attorneys are hailing new rule changes allowing the electronic service of legal documents in federal courts. Lawyers look for en-hanced efficiency, citing the encouraging results of an e-filing pilot program in the Eastern District bankruptcy court. Effective Dec. 1, ...

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Subsequent Injury Can Be Used As Part Of Rebuttal (access required)

Where a defendant’s expert testifies that an allegedly defective product could not have caused an injury, a plaintiff can introduce evidence of a similar injury that occurred after his own, a Fairfax circuit judge has ruled in a case of ...

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Consumers Clamor To Sue Synthetic-Stucco Makers (access required)

As a significant synthetic-stucco case winds down in Norfolk Circuit Court, consumer-rights advocates are calling for a change in Virginia law apportioning liability for defective stucco to its manufacturers. Under the present statutory scheme, manufacturers of synthetic stucco — known ...

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Time served for non-crime won't back malpractice (access required)

A man who served 30 days in jail for a non-existent crime — driving a moped with a suspended license — cannot sue the two lawyers who represented him on the charge, a Charlottesville circuit judge designate has ruled. In ...

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Bodybuilding barristers take tourney trophies (access required)

Think you’re busy? Read on. Given the pressures of their profession, most lawyers are hard-pressed to find time for a semblance of a family life, let alone a demanding hobby that requires the discipline of a drill instructor and diet ...

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New clerk will oversee e-filing plan for the W.D. (access required)

Facing the daunting challenge of converting its paper-choked system into an electronic docket, the United States District Court for the Western District of Virginia has sent in a Marine. John F. Corcoran, 53, took office as the new clerk of ...

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Divorce lawyers abuzz over untested lien law (access required)

Virginia divorce lawyers are paying close attention to a new provision in the Virginia Code under which they can slap a lien on a client’s equitable distribution award or even freeze a spousal or child support award to recover unpaid ...

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