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Negligent Retention: Alive and Well in Virginia (access required)

Guest Column by Avery T. Waterman Jr. The tort of negligent retention in Virginia has come under fire as of late in the federal courts. The recent opinion from a federal district court in Norfolk, Dixon v. Denny’s Inc. (VLW ...

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News in Brief for Aug. 19, 1996 (access required)

VSB Disciplinary Actions Louisa lawyer George W. Warren IV voluntarily petitioned the Virginia State Bar Disciplinary Board to surrender his law license July 29. The Board accepted the surrender and entered an order revoking his privilege to practice law. Disciplinary ...

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Ruling offers new way to make Bowman claim (access required)

A black cable-tv technician can sue for wrongful discharge based on anti-discrimination provisions of the Virginia Fair Employment Contracting Act, a Richmond Circuit judge has ruled. The Act provides a novel basis for a Bowman claim for wrongful discharge, employment ...

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Mechanic's lien voided by old work (access required)

A mechanic’s lien that included work performed before the 150-day statutory window is invalid in its entirety, a Fairfax Circuit judge has ruled. Under the mechanic’s lien statute, a memorandum of lien should not include any sums due for labor ...

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Time to undo judgment runs from notice to debtor (access required)

A debtor cannot move to set aside a confessed judgment because he failed to file a motion within 21 days of learning of the judgment, a Fairfax Circuit judge has ruled. The 21-day period runs from the date a defendant ...

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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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Keith files for VSB post (access required)

Fairfax attorney John A.C. Keith has become the first candidate for president-elect of the Virginia State Bar for the 1997-98 term. The bar received Keith’s petition to run for the post on Aug. 9, according to VSB Executive Director Thomas ...

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Overcoming the terror of cross-examining an expert cold (access required)

Notwithstanding the liberal discovery and, in federal court, the mandatory disclosure of expert testimony before trial, there are still occasions when trial counsel is faced with the possibility of having to cross-examine the opponent’s expert “cold.” These occasions arise when ...

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Remarriage justifies change in support (access required)

Even though the parties had a consent decree in which neither paid the other child support, a wife’s remarriage justifies a child support award to the husband, the Virginia Court of Appeals has ruled. The positive economic impact of a ...

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ERISA suit on benefits time-barred (access required)

A bank teller fired shortly before her retirement benefits fully vested is time-barred from bringing an ERISA suit for interference with benefits, a federal judge in Norfolk has ruled. In a case of apparent first impression, the judge said that ...

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