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No affidavits for summary judgment (access required)

A last-minute plea by the Virginia Trial Lawyers Association may have helped sink a proposal to allow affidavits to support summary judgment. The Virginia Supreme Court rejected the proposal without explanation. The VTLA submitted written comments to the court after ...

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Giving a jury forecast (access required)

The average jury is about as predictable as the weather. A lawyer who fears jurors are going to rain all over his case is sometimes surprised by a burst of sunshine when the verdict is announced. Or, a lawyer who ...

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News in Brief for 11/20/95 (access required)

Rehearing sought in DUI Double Jeopardy case Defense attorneys have asked the Court of Appeals to rehear their arguments supporting the DUI Double Jeopardy defense. The attorneys asked the court to reconsider its decision in Tench v. Commonwealth (VLW 095-7-739). ...

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Constructive discharge supports Bowman suit (access required)

The Bowman public-policy exception extends to cases of constructive discharge, two federal judges have ruled in separate cases. Each case allows an employee claiming she was “constructively discharged” due to sexual harassment to sue her employer for wrongful termination. The ...

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'Use' of car narrowed (access required)

A police officer shot during a traffic stop did not have uninsured-motorist coverage because the gunman was not “using” his car, the Virginia Supreme Court has ruled. In another insurance case decided the same day, an employee who drove to ...

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Volunteer for charity immune (access required)

The cloak of charitable immunity covers a charity’s volunteers, the Virginia Supreme Court has ruled in a case of first impression. As a result, a Red Cross volunteer who crashed while driving a woman to an appointment is immune from ...

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