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Hearsay

You can argue, but can you sue? (access required)

A “right to argue” may not be enshrined in the U.S. Constitution, but it surely is dear to the hearts of Americans, as a new court case illustrates. Unfortunately, a lender’s notice to a borrower that she had a “right ...

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That’s some chutzpah, court says (access required)

Lawyers enter into stipulations during litigation to same time for the courts and themselves. A stipulation may be less than clear, however, or at least less advantageous than it first appeared. An employer appealing a workers’ comp award to a ...

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Frivolous accusations of frivolity

A recent encounter with opposing counsel in a very terse and contentious case got me thinking about the (over)use of the word “frivolous.” Speaking over the phone, the lawyer I’m referring to took the time to try to school me ...

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Victory comes with a sting

Sometimes you win your case, but not without a few barbs aimed at your client. Such was the case with a man who hoped to return to work at a Dollar General warehouse in South Boston. He tried to apply, ...

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Court crafts warning for witnesses

When federal prosecutors tried to get an edge with potential witnesses in a criminal case, a public defender cried foul and asked the court for more time to undo the damage. Alexandria U.S. District Judge Gerald Bruce Lee not only ...

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Criminal law, and a dog named Guinness

Here’s something you don’t see all too often – a “dangerous dog” case. That’s a proceeding under Virginia Code § 3.2-6540, in which the commonwealth seeks to have a dog declared dangerous if it attacked or bit someone. If adjudicated, ...

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Retooling Virginia Code gender terms (access required)

Bakers who make wedding cakes for same-sex couples may find it easy to adapt by using two brides or two grooms to top a cake. Legislative drafters who are confronting a Virginia Code rife with gender-specific references may not discover ...

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Straight from the headlines

It’s been a busy, busy week with people committing news right and left… Not smarter than the average bear The Las Vegas Sun website published a breaking news alert from the Associated Press last week: “New York Yankees Hall of ...

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