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Author Archives: John Tuerck

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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Sex-crime statutes under fire (access required)

A lawyer representing a 29-year-old man charged with having “carnal knowledge” of a minor contends that the law discriminates on the basis of age. The statute, Virginia Code Sect. 18.2-63, provides for different penalties for defendants of different ages. Defendants ...

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Snatched Employee Costs Manufacturer $412,000 (access required)

A Henrico County jury has hit a building-products manufacturer with a $412,000 verdict for hiring a new employee away from the company that sold the manufacturer’s products. The sales company had established a “prospective business relationship” with the prospective employee ...

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Previous Representation Didn't Disqualify Lawyer (access required)

The lawyer for a car-crash plaintiff should not be disqualified even though his law firm represented the defendant in two previous personal-injury lawsuits in 1996 and 1997, a Chesterfield circuit judge has ruled. The defendant contended that plaintiff’s counsel had ...

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Colleges On Notice After Suicide Case Settlement (access required)

The settlement of a negligence suit brought by the family of a Ferrum College student who committed suicide is a wake-up call to universities throughout the country, say lawyers close to the case. The suit alleged that school officials failed ...

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Insurer's Refusal To Pay Interest Was Bad Faith (access required)

An insurance company that waited three weeks to pay its portion of a judgment acted in bad faith for refusing to pay about $900 in interest that accrued during that time period, a Hopewell General District judge has found. The ...

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Fairfax Judge Adopts Third Way To Handle Discovery Spats (access required)

In disputes over discovery of insurance company accident reports in car-crash cases, judges across Virginia generally have adopted one of two ways to resolve the conflict between the work-product doctrine and a plaintiff’s discovery rights. The majority approach favors the ...

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High Court Has Changed The Rules On Comp Liens (access required)

A new case from the Supreme Court of Virginia on a workers’ compensation carrier’s ability to enforce its comp lien in a personal injury case has created a potential trap for the unwary. Under the ruling, say lawyers familiar with ...

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Rehearing Sought In Umbrella Policy Case (access required)

Despite admittedly long odds, two lawyers are asking the Supreme Court of Virginia to reconsider its denial of insurance coverage to a spouse injured in an automobile accident. The injured husband sought damages from his wife, whose negligence led to ...

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Ex-associate gets $610K for retaliation claim (access required)

An Alexandria federal jury has awarded more than $610,000 in damages, back pay and costs to a former law-firm associate who contended she was fired because she is a mother. The former associate, who began work at the Reston office ...

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