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Author Archives: Paul Fletcher

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Rapist gets mental exam (access required)

A defendant convicted of rape is entitled to a mental evaluation before sentencing, the Court of Appeals of Virginia has ruled. Where the exam was denied, the conviction of a defendantwho was given a life term for the crimewas remanded ...

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Doctors? write-offs issue debated (access required)

The question of how to factor doctors’ write-offs in personal injury cases isor is notgoverned by the collateral source rule in Virginia, depending on whether you listen to a plaintiff’s lawyer or a defense attorney. Two of Virginia’s most able ...

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Lemon law applies to leased car (access required)

Although the General Assembly amended Virginia’s “lemon law” in 1998 to include leased vehicles, that statute applies to a claim arising under a lease signed before the change, a Newport News Circuit judge has ruled. That ruling last month, coupled ...

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Driver wins specials, punitives (access required)

A Chesapeake woman hurt in an auto accident has won a jury verdict against an alleged drunken driver for the exact amount of her special damages, plus $175,000 in punitive damages. The case puts a new twist on specials-only verdicts. ...

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Overcoming Juror Bias (access required)

WHITE SULPHUR SPRINGS, W.Va.– The late 1990s are an “incredibly difficult time” to be a plaintiff’s attorney. So says James B. Lees Jr., a prominent Charleston, W.Va., trial attorney and lecturer. Public opinion runs against plaintiff’s lawyers and the public ...

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