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Author Archives: Peter Vieth

Power of attorney was power to disinherit (access required)


A broadly worded power of attorney gave a daughter all the authority she needed to disinherit in-laws from her father’s $1.24 million estate, the Su­preme Court of Virginia ruled Nov. 23. But another ruling in the estate planning case likely ...

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Quiet settlement ends Taser lawsuit (access required)

The family of a man who died in police custody in South Boston after repeated shocks from stun guns has settled its $25 million lawsuit against police officers. Terms of the settlement were not available. Lawyers for the two sides ...

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$2.5M lawn mower death verdict upheld (access required)


After court battles over delayed discovery information and the “apparent manufacturer” doctrine, a jury’s $2.5 million verdict for a widow has been affirmed by a federal appeals court. The widow’s 88-year-old husband died after being engulfed in flames while using ...

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Judge decries ‘unjust’ sentence, legal obstacles (access required)

A Charlottesville federal judge has leveled sharp criticism at “procedural roadblocks” preventing correction of a “gravely unjust” sentence for a man convicted under the federal Armed Career Criminal Act. U.S. District Judge Norman Moon said he was powerless to vacate ...

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Arbitration rejected for nursing home case (access required)


A Portsmouth judge has ruled that Virginia law prevails over the Federal Arbitration Act in a nursing home wrongful death case. The decision last month breaks with other Virginia circuit judges and comes amid litigation challenging a new federal agency ...

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Legislators anoint Fairfax judge candidates (access required)

Two Fairfax County lawyers have been chosen by that county’s state legislators to fill two potential seats on the county circuit bench. David Bernhard and David Oblon were favored by the delegation of 25 legislators representing Fairfax County after a ...

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Specialty dockets: Message received (access required)


Virginia courts now have a rule to govern and limit creation of special­ty court dockets under the oversight of the Supreme Court of Virginia. The court enacted the new rule Nov. 14. It becomes effective Jan. 16. While the rule’s ...

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Noose display not protected as free speech (access required)

The Court of Appeals of Virginia refused to overturn the conviction of a Franklin County man who displayed a black-colored mannequin hanging from a noose in his front yard. Jack Turner was sentenced to 6 months in jail for a ...

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Lawyer convicted in home invasion gives up license (access required)

A former Virginia lawyer who helped her husband carry out a vicious attack on attorney Leo Fisher and his wife at their McLean home has given up her law license. Alecia M. Schmuhl had worked at Fisher’s firm, but was ...

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