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Author Archives: Paul Fletcher

Court is refining the rules on gifts and ED awards (access required)

The Virginia Court of Appeals is refining the law of gifts in the context of equitable distribution. The court has granted a rehearing in Theismann v. Theismann (VLW 096-7-465), a case that focussed on whether a husband intended to give ...

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Remarriage justifies change in support (access required)

Even though the parties had a consent decree in which neither paid the other child support, a wife’s remarriage justifies a child support award to the husband, the Virginia Court of Appeals has ruled. The positive economic impact of a ...

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Manage your time better by firing your clients (access required)

Want to get control of your time? Maybe you should fire a client or two. Say what? This unorthodox time-management strategy comes from Frank Sanitate, a California-based consultant who advises lawyers and other professionals on how to become masters of ...

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Plaintiff gets med-pay though HMO paid bills (access required)

Even though his HMO paid for his medical care, an auto-accident victim can recover medical expenses under the medical-payment provision of an automobile liability policy, a Richmond General District judge has ruled. The carrier tendered only $265, the amount of ...

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Trailer owner can't strip lien, pay market value (access required)

A mobile-home owner cannot “strip down” the amount he owes on the trailer in a Chapter 13 plan and leave the lender’s loan secured to the amount of fair market value, a federal judge in Lynchburg has ruled. Too many ...

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Computer, not guns, important to family life (access required)

Back in the pioneer days, nobody would have thought nothin’ about a man havin’ to have his pistol and his rifle to protect his family. You never knew when critters would show up. Fast forward 200 years or so. A ...

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Carrier gets financial info in exam-under-oath (access required)

During an examination under oath of a policyholder whose house burned, an insurance company can seek tax returns and other financial information, the 4th U.S. Circuit Court of Appeals has ruled. The examination-under-oath is a procedure provided for in insurance ...

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Accident reports: Lawyer's entry into case is key (access required)

A woman who slipped and fell down a friend’s deck steps can gain access to any statements taken by an insurance company before her lawyer got involved, a Fairfax Circuit judge has ruled. The case widens the split in Fairfax ...

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Intent to give wife gifts key to $950K E.D. award (access required)

Where a husband retitled his farm and two investment accounts to make his wife a co-owner and told her he had made her a “millionaire” by doing so, he intended to make a gift to his wife, the Virginia Court ...

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Negligent retention claim OK (access required)

Where a department store chain transferred a supervisor who had been accused of sexual harassment, a woman at his new store can sue the company for negligent retention after the supervisor allegedly harassed her, a Norfolk Circuit judge has ruled. ...

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