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Author Archives: Paul Fletcher

Car Agency Must Give Primary Coverage (access required)

A self-insured rental car agency must provide primary liability coverage to a driver who rents then wrecks one of its cars, a Loudoun County Circuit judge has ruled. The driver’s own insurance company defeated a common tactic used by rental ...

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Rental Car Law (access required)

A visitor flies into a Virginia city on business and rents a car to travel around town. Unfortunately, he has an accident and injures someone. So far, this scenario is pretty straightforward. The fact that a lawsuit will be filed ...

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Lawyer Hit For $750K Malpractice Verdict (access required)

A Fairfax Circuit Court jury has handed down a $750,000 legal malpractice verdict against a prominent Washington tax attorney who had represented a woman in a divorce. The plaintiff obtained a default judgment against the lawyer in June, and last ...

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Extra Notice Not Needed in Appeal by Juvenile (access required)

A juvenile who appealed a juvenile court conviction to circuit court cannot attack his conviction on the grounds his legal guardian did not get notice of the de novo proceeding, the Court of Appeals of Virginia has ruled. The appeals ...

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Vocational Rehab Expert Is Allowed to Testify (access required)

Although a vocational rehabilitation expert could not name a specific sum for an accident victim’s lost earning capacity, he could offer testimony on the man’s “competence to do his job,” the 4th U.S. Circuit Court of Appeals has ruled. He ...

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Liability For Stolen Phone Card Is Only $50 (access required)

A customer is liable for only $50 in charges made on a stolen telephone calling card, an Alexandria federal judge has ruled in a case of first impression. The judge dismissed a claim for more than $92,000, finding that Regulation ...

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Info On Write-Offs Goes To The Jury (access required)

An injured plaintiff can introduce evidence of the full extent of her medical bills, and the defendant can show that Medicaid or Medicare picked up most of the tab and that the plaintiff doesn’t owe the written-off balance, a Tazewell ...

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Reed Smith and Hazel & Thomas Plan a Merger (access required)

Reed Smith Shaw & McClay LLP, a Pennsylvania-based megafirm, and Hazel & Thomas PC, Northern Virginia’s largest law firms, announced last Monday that they plan to merge. The firms have signed a letter of intent to combine their practices. The ...

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Internet User Has No Privacy Expectation (access required)

Even though a search warrant issued in New Hampshire was invalid, a criminal defendant cannot suppress evidence obtained about him from Mindspring, his Internet Service Provider, a federal judge in Charlottesville has ruled in a case of first impression. The ...

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'Fireman's Rule' Used By Negligent Third Party (access required)

Where a truck driver failed to secure an aerial lift that tore down a power line and caused a fire, the driver can use the “fireman’s rule” to defeat the wrongful death suit filed by the family of a firefighter ...

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