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Author Archives: Paul Fletcher

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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Editor's Notebook: Named partners (access required)

The Virginia Board of Bar Examiners just released the list of the 870 candidates who passed the July bar examination; these happy and relieved people will become real lawyers today at an admission ceremony to be held in Richmond. The ...

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Review of stock interrogatories pays dividends for trial lawyers (access required)

Consider this scenario. After interviewing a client, a plaintiff’s lawyer drafts a motion for judgment, then pulls out her dog-eared stock interrogatories and tacks on a set to the pleading. The whole package is filed with the court, the defendant ...

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'Strict liability' for harassment reversed (access required)

An employer should not be held liable for sexual harassment for the “isolated but offensive” conduct of a worker, so long as it takes prompt corrective action, the en banc 4th U.S. Circuit Court of Appeals has ruled. The 4th ...

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