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Author Archives: Paul Fletcher

Rule changes abolishing docket call put on hold (access required)

A proposal that would have eliminated the traditional system of circuit docket calls has been put on hold by the Judicial Council. At its meeting June 15, the council referred back to committee a series of amendments to the Rules ...

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Landlord can get fees for defending a counterclaim (access required)

Where a landlord seeking to collect rent is countersued for breach of contract by the tenant, the landlord can recover its attorney’s fees incurred in defending the counterclaim, a Richmond Circuit judge has ruled in a case of apparent first ...

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Separate exams under oath can?t be required (access required)

An insurance company cannot require that examinations under oath of a policyholder and his wife be taken separately, a Fairfax Circuit judge has ruled in a case of apparent first impression in Virginia. And the company cannot require the wife ...

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Man fixing flat tire was ?using? car, can get UM (access required)

A man injured while changing a flat tire was “using” the car, the Supreme Court of Virginia has ruled. That holding brought him under the definition of an “insured” driver, entitling him to uninsured motorist coverage. The case is the ...

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Distress claim is allowed over condition of horse (access required)

A Loudoun County woman claiming she suffered distress after a boarding farm allegedly failed to take care of her horse can sue the owner for the intentional infliction of emotional distress, a Loudoun County Circuit judge has ruled. Her distress ...

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Company can be sued for alleged peeping (access required)

Two women can go forward on their emotional distress claim against a grocery store, alleging that a store employee spied on them while they were in the restroom, a Charlottesville circuit judge has ruled. The women pled their physical injuries ...

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Proposed rules would abolish docket calls (access required)

Virginia’s system of circuit docket calls to set cases for trial effectively would be abolished under proposed amendments to the rules of court. Instead, cases would be set after the parties’ lawyers get together and agree upon a discovery schedule, ...

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Traffic Law: Officer can?t search after holding man?s driver?s license (access required)

Even though a driver consented to a search of his car, the fact that the officer held the man’s license while asking the question rendered the search illegal, a Charlottesville Circuit judge has ruled. While defendants won one in Charlottesville, ...

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Med-pay equals what doctor got from plan (access required)

A policyholder cannot recover medical payments for more than the amount a doctor has accepted as payment from a health insurance plan, the Supreme Court of Virginia has ruled. The unanimous decision reverses a Henrico County case allowing a policyholder ...

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Portion of comp lump sum goes to support (access required)

When a father paying child support received a large workers’ compensation settlement, he must include a portion of it as income for calculation under the child support guidelines, a Spotsylvania Circuit judge has ruled in a case of apparent first ...

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