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Author Archives: Paul Fletcher

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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Asthmatic driver wins challenge to DUI law (access required)

An asthmatic driver who suffered a coughing attack after his arrest for drunken driving should have been allowed to show why he could not take a breath test, the Court of Appeals of Virginia has ruled. If he can establish ...

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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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Arbitration policy is so ?skewed? court strikes it (access required)

A former waitress and bartender can sue her employer under Title VII, despite the company’s policy of mandatory arbitration of employment disputes, the 4th U.S. Circuit Court of Appeals has ruled. The court affirmed a district judge who struck the ...

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