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Author Archives: John Tuerck

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Making A Motion For Recusal (access required)

A motion for recusal — asking a judge to get off a case — is like dynamite. It is powerful, and you need to handle it carefully. Judges who have been prosecutors before taking the bench are especially sensitive to ...

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Lawyer Sues JIRC Over FOIA Dispute (access required)

A Norfolk lawyer is suing the Judicial Inquiry and Review Commission, claiming that the JIRC has violated the Virginia Freedom of Information Act by refusing to provide an advisory opinion the commission may have issued to a Norfolk circuit judge. ...

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Carriers Settle After Dec Actions Fall Short (access required)

A car-crash plaintiff settled her case for $3.4 million after beating back two declaratory-judgment actions filed by the defendants’ insurance carriers. In the first action, a federal judge ruled that an exclusion to coverage violated the state’s Omnibus Clause, Virginia ...

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Law Firm Sues For Unpaid Fees (access required)

An arbitrator has awarded $769,124, including $100,000 in punitive damages, to a law firm that sued its former client for unpaid legal fees. The former client hired the firm to defend her in a suit brought by her previous employer. ...

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Beach judge to seek juries in DUI cases (access required)

Apparently reacting to a spate of well-publicized drunken driving incidents in Hampton Roads, Virginia Beach Circuit Judge H. Thomas Padrick Jr. has announced that he will set aside certain DUI cases to be heard by a jury. An Aug. 14 ...

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4% Sales Tax On Legal Services Is Proposed (access required)

As part of a package that would overhaul the state’s tax code, a legislative commission has proposed a 4 percent tax on legal services, which are currently exempt from taxes. If passed, law offices presumably would have to establish procedures ...

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