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Author Archives: John Tuerck

Virginia Beach Unveils New Divorce Procedures (access required)

Divorcing couples in Virginia Beach now have a choice: They can bring their case to a divorce commissioner, or they can go to the judge. Effective July 1, 2001, the change was prompted by sentiment among divorce lawyers that judges ...

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New Domain Names Will Expand Online Identities (access required)

Polished and professional, your firm’s website is finally up and running, attracting hundreds of hits from would-be clients. That part of your practice is all set, at least for now. Right? Well, no. Because in the next few months, two ...

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Experts Can't Testify Due To Inadequate Disclosure (access required)

A timber company that accused another company of trespass and timber overcutting can exclude opinion testimony from three defense experts because the defendant’s pretrial disclosure of the experts’ anticipated opinions was untimely and incomplete under Virginia court rules, a Suffolk ...

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Georgia E-Filing Pilot May Be Model Here (access required)

BALTIMORE — In a few years, will a Charlottesville divorce attorney be able to log on to her computer and file a complaint in Alexandria Circuit Court? The answer might well depend on the results of a pilot program in ...

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E-Filing Panel Likely To Miss Its Deadline In November (access required)

As Virginia moves in the direction of electronic filing of court documents, a study panel appointed by the General Assembly likely will not get its work done on time, experts say. House Joint Resolution 789, passed by the 2001 legislature, ...

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No Comp For Woman Hurt On Her Way To The Subway (access required)

A woman struck by a car minutes before taking an employer-subsidized subway ride to work is not entitled to workers’ compensation benefits, the Court of Appeals of Virginia has ruled in a case of first impression. The woman argued that ...

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Nurse Cannot Testify On Consent, Judge Says (access required)

A Chesapeake defense attorney has successfully argued that a sexual assault nurse examiner’s testimony concerning the consent of an alleged rape victim was scientifically unreliable and thus inadmissible. In Velazquez v. Commonwealth (VLW 001-7-157), the Court of Appeals of Virginia ...

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Fairfax Jury Awards $1M In Defective Synthetic Stucco Case (access required)

In just the second case of its kind in high-growth Fairfax County, a jury has awarded more than $1 million to a couple whose home was severely damaged by a defective synthetic stucco exterior. According to the couple’s attorneys, Jerry ...

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Effective Dates In Laws Are Creating DUI Loophole (access required)

Lawyers representing drunken-driving defendants may have a new defense for their clients, based on a glitch in the effective dates of three new DUI statutes. At least one lawyer in Prince William County has been successful in getting DUI charges ...

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Punitives ruling changes state?s standard of review (access required)

By requiring state and federal appellate judges to take a fresh look at the size of punitive damages awarded in trial courts, the United States Supreme Court has changed the standard of review of such awards in Virginia. According to ...

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