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Author Archives: Paul Fletcher

The Best Of 2000 – Top News Stories (access required)

The top legal news story of 2000 is really as much a political story as a legal one, and it didn’t even take place in Virginia: The just-completed presidential election, in which Al Gore became the first presidential candidate ever ...

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Despite Pact, Dad Must Pay Support (access required)

Although a couple’s agreement called for a renegotiation of child support upon the “first event of emancipation” of their four children, the father nevertheless is liable for $106,137 in arrearages after he unilaterally reduced his payments when one child turned ...

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Not Filing Doesn't Forfeit Comp Lien (access required)

Even though a workers’ compensation insurer did not file a petition or motion before a woman recovered in her lawsuit against a negligent third party, the carrier does not lose its lien against the proceeds, a Roanoke City Circuit Judge ...

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Dealer Cannot Compel Warranty Arbitration (access required)

Where a customer signs a retail sales contract for a mobile home, then a separate document entitled, “Arbitration Agreement,” the mobile home dealer cannot invoke a mandatory arbitration clause in the second document, a federal judge in Harrisonburg has ruled ...

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Sub-Subcontractor Can Pursue Bond Of General (access required)

Even though a subcontractor on a road construction project has posted a payment bond, a sub-subcontractor can seek to recover under the general contractor’s payment bond, a Chesapeake Circuit judge has ruled in a case of apparent first impression. Surety ...

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Worker's Fiduciary Duty To Company Is Continuing (access required)

Even though an ex-employee did not have a noncompete agreement with his former company, a Fairfax Circuit judge has issued an injunction forbidding him using any of the techniques or methods he learned that are not in the public domain. ...

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Allegation Of Concealment Saves Claim Of Homebuyers (access required)

Where buyers of a home with septic system problems allege active concealment by the sellers and their real estate agents, the buyers can go forward with their fraud claim, a Richmond Circuit judge has ruled. The judge distinguished an August ...

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Pay At All Law Firms Is Impacted By Rising Tide (access required)

The news last week was that salaries for new associates at some of Virginia’s largest and most prestigious firms had gone over the $100,000 mark. The largest firms continue to hunt for the law review editors and the summa and ...

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Driver Was In Privity With Carrier, Loses Claim (access required)

Where an insurance company pursues a subrogation property claim arising from a car wreck and loses, the plaintiff policyholder is collaterally estopped from bringing her personal-injury claim against the defendant, a Carroll County Circuit judge has ruled in an issue ...

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Allstate hit for 'bad faith' in Portsmouth (access required)

A circuit judge in Portsmouth has found that Allstate acted “not in good faith” in its handling of an uninsured motorist claim. The company was tagged for over $17,000 in damages, including more than $11,000 in attorneys’ fees. Among the ...

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