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Mother's move out west will not forfeit custody (access required)

Mothers who want to take their children and make a new life outside Virginia have been getting mixed signals from the commonwealth’s courts over the past year. Depending on where and why the custodial parent wants to move, the other ...

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They gotta believe: Getting jurors on your side (access required)

Being believed by jurors is not always easy. Credibility does not reside simply in your honest smile, believable voice and trustworthy demeanor. Even with all three working in your favor, jurors don’t automatically believe you. Though jurors may not believe ...

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Fed up with sex talk, woman quits, files suit (access required)

An office manager who claims she quit work because her boss continually made sexual remarks to her can state a Bowman claim for sexual harassment, a Roanoke Circuit judge has ruled. The decision is the first holding that sexual harassment ...

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Legal Malpractice: Time for suit two years if appointed (access required)

The statute of limitations for a malpractice claim against a court-appointed attorney is two years, a Roanoke Circuit judge has ruled in a case of first impression. Most legal malpractice claims carry a three- or five-year limitations period, based on ...

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Tip: Lemon Law (access required)

Lawyer’s claim stalls out because he kept using car As a consumer races to court with a lemon-law claim, must he or she stop using the car in dispute? Under Virginia’s lemon-law statute, the answer is “No.” But a consumer ...

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Selective prosecution defense bats .500 (access required)

Criminal-defense attorneys have begun trying a new argument, selective prosecution, as a potential defense in drug cases in the Eastern District. In the cases, defense attorneys claim that prosecutors are seeking indictments against blacks while not pursuing white suspects who ...

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New ED Va. Rules put off until Feb. 1 (access required)

The federal judges of the Eastern District of Virginia have delayed implementation of the new Local Rules until Feb. 1. The rules had been scheduled to take effect on Jan. 1, but printing delays hampered their publication, said U.S. District ...

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Gifts to charity can be through IRA or 401(k) (access required)

Charity can be heartwarming, and if done properly it can yield tax dividends. One way for clients to save both estate and income taxes on money going to charity is to use an IRA or 401(k) as a conduit for ...

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Wage garnishment not barred by Chapter 13 (access required)

A department store can garnish the earnings of a debtor to satisfy a judgment for a VCR and a ring she bought after she filed a Chapter 13 petition, a Norfolk bankruptcy judge has ruled. Although creditors cannot touch money ...

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Making it easy for opponents to settle in mediation (access required)

Guest Column by J. Dickson Phillips III Your case has been ordered to mediation. You think this is good because you believe the opposing party’s case cannot hold up when forced into the light of day. You are sure the ...

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