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Author Archives: Paul Fletcher

Out-of-state lawsuit tolls statute of limitations (access required)

A personal-injury lawsuit originally filed in Texas tolls the Virginia statute of limitations, a federal judge in Roanoke has ruled in a case of first impression. Courts across the country have split on the issue of whether a case filed ...

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Venue "getting personal" in the city of Richmond (access required)

The oft-fabled generosity of Richmond jurors has prompted numerous battles over whether venue in a personal-injury case is proper within the city limits or in one of the supposedly stingier surrounding counties. The Virginia Code sets out a number of ...

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Unloaded firearm is not dangerous instrumentality (access required)

An unloaded gun is not a dangerous instrumentality, a Stafford County Circuit judge has ruled in a case of first impression. In a case involving three boys who were playing with a gun that went off, the judge found that ...

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Misrepresentations result in dismissal of lawsuit (access required)

A Newport News federal judge has applied the ultimate sanction to a plaintiff’s lawsuit: He dismissed a case with prejudice because he found the plaintiff misrepresented his financial background and mental health to the court. And in a second case ...

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Summer stay with dad reduces child support (access required)

A father can lower the amount of child support he pays when his children visit him for a two-month stretch, a Loudoun County Circuit judge has ruled. The child-support statute allows a variation from the presumptive amounts based on “arrangements ...

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NOVA LAW: Fairfax DUI practice becomes a game of chance (access required)

In a large jurisdiction with many judges, lawyers are always entering a crapshoot when they step into a courtroom. The “right” judge can make your case or cripple it. In Fairfax, Virginia’s largest General District Court, this form of lottery ...

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Judge chafes at support formula, but follows it (access required)

Loudoun County Circuit Judge James H. Chamblin changed his ruling in a different child-support case reported this week, Furey v. Casamento (VLW 095-8-205). But in this second case, the judge did not like having to change the holding and was ...

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Attorney's fee clause not a "blank check" (access required)

A Stafford County Circuit judge has a message for lawyers who handle contract claims: Don’t look at an attorney’s fees clause as a license to litigate at will. In a dispute over a defective parking lot, the judge found for ...

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Receipt of complaint triggers removal clock (access required)

The time limit for removing a case from state to federal court begins to run when the defendant receives a copy of the motion for judgment, a federal judge in Richmond has ruled. The case follows a 1993 decision from ...

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Mail service abroad fails (access required)

A Virginia plaintiff cannot serve process on an Italian insurance company merely by having papers mailed directly to its business address in Milan, an Alexandria federal judge has ruled, adopting the report of a magistrate judge. There is a split ...

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