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News Analysis: Both sides notch a win on discovery (access required)

Two more decisions have been reported in the continuing battle over access to an insurance carrier’s accident reports and post-accident statements. And like so many other cases on the issue, the results are inconclusive. It’s a tie – one more ...

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Bank denied lawyer fees due to hole in guaranty (access required)

Even though a note provided for attorney’s fees, a bank could not collect them from a guarantor, because the guaranty did not provide for them, a Loudoun County Circuit judge has ruled. The guaranty referred only to collection of “charges ...

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Lis pendens can be filed to protect vendee's lien (access required)

Real estate lawyers know that their hard-won deals can come undone when they encounter a lis pendens in the land records. Transactions can come to a screeching halt when a memorandum of lis pendens pops up in a title search ...

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Bankruptcy is change justifying support (access required)

A bankrupt husband who discharged his wife’s equitable distribution award now must pay her spousal support, the Virginia Court of Appeals has ruled in a case of first impression. The husband’s bankruptcy discharge freed him of more than $620,000 in ...

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Legal Ethics: VSB floats switch to model rules (access required)

Lawyers in the commonwealth soon may have to acquaint themselves with a whole new structure for their rules of ethics. The Virginia State Bar Council will vote in October on whether to abandon the present format of the Virginia Code ...

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Crash victim needn't repay carrier from settlement (access required)

Anti-subrogation statute not preempted by ERISA A boy injured in a single-car accident does not have to reimburse his father’s employee health insurance plan after reaching a settlement with the driver of the car, a federal judge in Richmond has ...

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'Model' contract form may provide memo of land deal (access required)

A real estate buyer can sue for specific performance based on three documents that together satisfy the statute of frauds, a Richmond Circuit judge has ruled. And the case may hold a surprise: One of the documents was a redacted ...

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Mom's move from Fairfax to Hanover with kids OK (access required)

Even though a psychotherapist recommended against it, a Fairfax Circuit judge has allowed a Northern Virginia mother to move her two daughters to Hanover County to live with her new husband. The girls’ father opposed the move, arguing that relocation ...

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News in Brief for Aug. 26, 1996 (access required)

VSB Disciplinary Actions Virginia Beach Reginald M. Harding has received two public reprimands from the First District Committee of the Virginia State Bar. Both cases stemmed from failure to keep clients apprised of their cases. Harding was appointed to serve ...

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Court is refining the rules on gifts and ED awards (access required)

The Virginia Court of Appeals is refining the law of gifts in the context of equitable distribution. The court has granted a rehearing in Theismann v. Theismann (VLW 096-7-465), a case that focussed on whether a husband intended to give ...

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