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Assembly Update for Jan. 15, 1996 (access required)

Beyer can break Senate ties, U.Va. law prof says While the Senate struggled last week to figure out how to divide power between 20 Republicans and 20 Democrats, the Democrats’ potential trump card gained a little extra leverage, thanks to ...

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News in Brief for Jan. 15, 1996 (access required)

Rule would require arrests in domestic violence Police officers in Virginia will be required to arrest the primary aggressor in domestic violence cases if legislation endorsed by a state group becomes law. The Commission on Family Violence Prevention recommended the ...

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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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News in Brief for Jan. 8, 1996 (access required)

Federal driving suspension creates double jeopardy A one-year suspension of driving privileges on a military base for drunken driving creates double jeopardy when the defendant is later tried on criminal DUI charges, a federal judge has ruled in Alexandria. The ...

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