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Experts can't testify on the ultimate issue (access required)

Two doctors should not have been allowed to testify that the wounds a plaintiff sustained after falling off a jet ski were caused by a rotating propeller on a rescue boat, the Virginia Supreme Court has held. The doctors’ opinions ...

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Va. CLE forecasts $250K loss (access required)

What the Virginia State Bar giveth, Virginia CLE taketh away? Though lawyers soon will be spending $10 less on annual bar dues, they could be spending more to complete their mandatory CLE hours. Virginia CLE, the non-profit organization responsible for ...

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Judge erred in slashing verdict 90% (access required)

A trial judge’s 90-percent reduction of a jury’s slander verdict was improper, the Virginia Supreme Court has ruled. The jury awarded $10,000 in compensatory damages and $25,000 in punitives to the man, who had been called a liar and a ...

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No workers' comp for carpal tunnel (access required)

Repetitive-motion injuries such as “carpal tunnel syndrome” are not covered by the Virginia Workers’ Compensation Act, the Virginia Supreme Court has ruled in a long-awaited case. The high court reversed comp awards in three consolidated cases argued in January. Speaking ...

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Claimants' attorneys ponder next move (access required)

Last week, claimant’s lawyers were still hoping the General Assembly would add coverage for carpal tunnel syndrome to the Workers’ Comp Act. After Stenrich was decided March 1, House Majority Leader C. Richard Cranwell, D-Roanoke County, revived an earlier bill ...

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Man's noncompete ensnares his wife (access required)

A woman must pay liquidated damages under an agreement that she never signed, her husband’s noncompete, the Virginia Supreme Court has ruled. Both the husband and the wife worked for the same employer, until she quit and started a competing ...

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Do-it-yourself mock trial nets $4.5M settlement (access required)

Lawyers can spend thousands of dollars on trial consultants who will conduct surveys or hold mock trials to determine the worth of a particular case. Louisa attorney Charles F. Purcell just did it himself — and he has a $4.5 ...

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Bar to study if discipline is disparate (access required)

The Virginia State Bar will examine whether all lawyers are treated alike in the disciplinary process, regardless of individual factors such as race, gender, firm size or location. This study follows one of the recommendations from the 1995 audit of ...

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Prosecutor's 'laziness' prompts fine, new trial (access required)

A prosecutor who was “grossly negligent” in failing to search his files and turn over exculpatory evidence in a murder case can be slapped with a monetary sanction, the Virginia Court of Appeals has ruled. A Fairfax trial judge imposed ...

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Assembly, court dodge 'day' issue (access required)

The Virginia Supreme Court has declined to enter the fray over what is a “day.” And the General Assembly has followed suit. Family lawyers and non-custodial parents who have denounced the Court of Appeals’ rule that a “day” is “a ...

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