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Author Archives: John Tuerck

Buyer Can Sue Builder, Despite Arbitration Clause (access required)

Although a new home buyer agreed to a binding arbitration clause in a limited warranty, Virginia’s warranty statute will govern a defective construction suit brought by the home buyer against the builder, a Spotsylvania County circuit judge has ruled. Purchased ...

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Minority Shareholder Can't Sue As Individual (access required)

The minority shareholder of a two-person, closely held corporation cannot bring an individual claim against the majority shareholder for breach of fiduciary duty, the Supreme Court of Virginia has ruled. The minority shareholder still can proceed in a stockholder derivative ...

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Apples Growing In Law Firms: Use Of Macs Is Up (access required)

According to the American Bar Association’s study of computer use in law firms, the Mac is back. The ABA’s Legal Technology Survey Report found that 23 percent of all firms use Apple computers. By contrast, a 1998 ABA study of ...

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Convicted Rapist Entitled To DNA Test, Judge Says (access required)

A man convicted of rape in 1990 has a constitutional right to a DNA test in his effort to prove his innocence, an Alexandria federal judge has held in a ruling believed to be the first of its kind nationwide. ...

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High Court Reinstates $200,000 P.I. Verdict (access required)

An elderly bicyclist who won $200,000 from an Arlington jury after he ran into a car at an intersection has had his jury award reinstated by the Supreme Court of Virginia. The trial judge had set aside the verdict, finding ...

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Judge Can Keep 401(k) With Old Firm, JIRC Says (access required)

A judge can retain his 401(k) retirement plan with the law firm for which he worked before going on the bench, the Judicial Inquiry and Review Commission (JIRC) has opined. In a new opinion, the commission’s Judicial Ethics Advisory Committee ...

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Absences From Work Won't Derail Suit Under ADA (access required)

In spite of missing nearly a year of work before losing her job, a plaintiff still can sue her employer under the Americans with Disabilities Act, a Harrisonburg federal judge has ruled. The defendant argued that the plaintiff’s absence from ...

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Lawyers Urged To Show The Human Side At Trial (access required)

HOT SPRINGS — The public’s perception of lawyers – particularly trial lawyers – is lousy, according to the experts. Some studies show that the vast majority of Americans believe that lawyers will lie to win, that they care more about ...

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New VTLA Chief Shea Vows To 'Work Hard' (access required)

John C. Shea keenly understands the task he assumed when he became president of the Virginia Trial Lawyer Association at the group’s recent convention: Defending the interests of trial lawyers against a General Assembly that, in his view, is inimical ...

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Dealer Can't Use Privity Defense To Fraud Claim (access required)

A wholesale automobile dealer cannot defend itself against a fraud claim by asserting the absence of privity between itself and the consumers who purchase its vehicles, two different judges have ruled. In parallel cases, U.S. Magistrate Judge Dennis W. Dohnal ...

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