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Author Archives: Paul Fletcher

Use of AOL Account Gives Jurisdiction (access required)

A Texas couple who posted allegedly libelous messages to an Internet newsgroup using their America Online account can be sued in Virginia, a federal judge in Alexandria has ruled in a case of first impression. The couple posted a message ...

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New Rule urges lawyers to agree on trial schedule (access required)

Opposing lawyers could get together and agree upon the schedule in their case, including discovery deadlines and a trial date, under proposed amendments to the rules of court. The schedule would be subject to the judge’s approval, and the judge ...

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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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Driver who killed jogger not guilty of manslaughter (access required)

A driver who fell asleep at the wheel and killed a Henrico County jogger was improperly convicted of involuntary manslaughter, the Court of Appeals has ruled, overturning the conviction. Involuntary manslaughter requires a showing of “criminal negligence,” and the fact ...

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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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Psychologist was not providing ?mediation? (access required)

A psychologist who provided therapy to a husband and wife as they hashed out issues of custody and visitation should have been allowed to testify at their divorce hearing, the Court of Appeals of Virginia has held in a case ...

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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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Defense wins two, plaintiffs one, on write-offs (access required)

Score two for defendants, one for plaintiffs. Lawyers have reported new decisions from three circuit judges who had not previously been heard from on “incurred” expenses and doctors’ write-offs. The issue remains one of the most vigorously contested across Virginia. ...

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?Bad faith? med-pay case to be heard by high court (access required)

The Supreme Court of Virginia will hear the appeal in a case in which a judge ruled that an insurance carrier acted “not in good faith” in denying a boy’s claim for medical payments. Richmond Circuit Judge T.J. Markow awarded ...

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