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Author Archives: Peter Vieth

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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Lawsuit survives despite bungled service (access required)

Faced with a lawyer’s failure to properly serve the U.S. government – even after clear instructions from the government itself – a federal judge nevertheless allowed the lawyer’s slip-and-fall lawsuit to go forward this month. In a sharply worded opinion, ...

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Ex-employee wins $100K verdict against chiropractor (access required)


A Roanoke County jury this month awarded $100,000 to a one-time office staffer who complained she was sexually assaulted by her chiropractor boss. The jury accepted the ex-employee’s version of events in a courtroom credibility contest with chiropractor Joshua D. ...

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