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News in Brief for June 24, 1996 (access required)

Dalkon Shield rulings now available Although Richmond’s federal courts began processing Dalkon Shield claims in the late 1980s, relatively few of the cases have resulted in published decisions from the Bankruptcy or U.S. District Court for the Eastern District. That ...

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Roanoke Bar, VSB honor Kincanon (access required)

ROANOKE – Last Tuesday the Roanoke Bar Association had its final meeting of the year, but it was a bit different from years past. Usually the meeting is just a short business affair. This time, however, the association, along with ...

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ABA report examines increase in elder abuse (access required)

The 241,000 reported cases of domestic elder abuse in 1994 represented a 106 percent increase over the number of reported cases in 1986, according to the National Center on Elder Abuse. This significant increase was one of the factors that ...

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New cases offer how-to course on objections (access required)

Every trial lawyer understands the necessity of lodging objections to preserve issues for appeal. And most are probably confident that they know how to make a proper objection. Even those lawyers, though, might want to take a “refresher course” on ...

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News in Brief for June 17, 1996 (access required)

Court rejects exhumation to prove paternity The Virginia Supreme Court has rejected a woman’s bid to exhume a man’s body to prove she is his illegitimate daughter and claim a share of his estate. Christine Trent Majied was seeking two-thirds ...

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White males score discrimination wins (access required)

Two men – one in Northern Virginia and one on the Peninsula – have won substantial jury verdicts on separate claims that they were discriminated against because they are white and male. The verdicts, delivered a day apart, were rendered ...

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Prior DUI with flaws won't count (access required)

If jail time was served For a third-offense DUI prosecution, the state cannot use a prior DUI where the defendant had no lawyer and served two days in jail, the Virginia Supreme Court has ruled. Prior DUI convictions can be ...

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Destroyed evidence is no basis for dismissal (access required)

A trial judge erred in dismissing a plaintiff’s products liability case because her expert took a hacksaw to her Toyota pickup and destroyed the dashboard, the Virginia Supreme Court has ruled. Spoliation of evidence has become a hot topic in ...

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Court clarifies defense of 'sophisticated user' (access required)

Does not apply to ‘unreasonable danger’ claim A manufacturer of concrete conveyor units claimed to be unreasonably dangerous could not escape an $850,000 verdict by claiming the contractor who bought the units was a “sophisticated user” of the product, the ...

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Filing in Circuit Court OK after nonsuit below (access required)

A plaintiff who nonsuited her case in General District Court may increase her damages claim and refile in Circuit Court, the Virginia Supreme Court has ruled. The plaintiff’s refiled case had been dismissed by a Henrico County Circuit judge. The ...

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