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Author Archives: Paul Fletcher

NOVA Law: Fairfax may host civil interpreter pilot project (access required)

A Hispanic woman in Northern Virginia is having problems with her estranged husband. She needs to go to court to enforce a protective order against him. She gets a court date and prepares to tell it to the judge, but ...

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Retiree hit for support from imputed income (access required)

When setting spousal support, a divorce court may impute income to a retired man at the salary he could earn if he were employed, the Virginia Court of Appeals has ruled. The decision pushes the retiree back into the work ...

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Testimony on evidence lost by expert excluded (access required)

A defendant doctor cannot use evidence of a medical test after her expert lost a glass slide showing the results, a Fairfax Circuit judge has ruled in a case of first impression. The slide was lost after defense experts examined ...

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Breach of good faith under UCC not a tort (access required)

A borrower cannot sue a bank in tort for a breach of the duty of good faith under the Uniform Commercial Code, the Virginia Supreme Court has ruled in a case of first impression. A contract claim may exist for ...

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Fired lawyers get piece of $9M lottery jackpot (access required)

One of the Virginia Supreme Court cases to make a big splash this month involved a group of guys who pooled their money to play the lottery and a $9 million winning ticket that one man said he bought for ...

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Despite stay, creditor can pursue sales commission (access required)

Take out your pencils for a quick quiz. Before we get to the facts, here’s the punchline: Does the creditor get in trouble for violating the automatic stay in bankruptcy? Here’s a cheat sheet: No, the case gives creditors’ lawyers ...

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Legal Malpractice: Time for suit two years if appointed (access required)

The statute of limitations for a malpractice claim against a court-appointed attorney is two years, a Roanoke Circuit judge has ruled in a case of first impression. Most legal malpractice claims carry a three- or five-year limitations period, based on ...

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Pregnancy discharge states Bowman claim (access required)

A woman who claimed she was fired for getting pregnant can use the Bowman public-policy exception to sue for wrongful discharge, a Newport News Circuit judge has ruled. The decision creates a split in Virginia’s circuits on the issue. In ...

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News Analysis: 1995's top legal stories (access required)

1995 will be remembered, among other things, as the year criminal-defense lawyers in Virginia tried to beat DUI charges on constitutional grounds. It also will be remembered as a year when: * the Court of Appeals defined a “day” for ...

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Lockhart amendments held not retroactive (access required)

Two cases in Roanoke, one federal and one state, have reached opposite conclusions on whether a 1995 statute designed to curtail wrongful discharge claims is retroactive. In the state case, the judge found that the new law was not retroactive, ...

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