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News Analysis: 1995's top legal stories (access required)

1995 will be remembered, among other things, as the year criminal-defense lawyers in Virginia tried to beat DUI charges on constitutional grounds. It also will be remembered as a year when: * the Court of Appeals defined a “day” for ...

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Richmond judges split on use of sovereign immunity (access required)

Can a plaintiff sue an independent contractor working for a city or the state? Or can the contractor cloak itself in sovereign immunity? In Richmond, the answer may depend on which judge hears the case. During a two-week span, two ...

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Attorneys, settlement services trade barbs (access required)

The simmering feud in Virginia between real estate attorneys and settlement services has reached a full boil. And it is likely to spill over into the halls of the 1996 General Assembly. While the Virginia Real Estate Attorneys League was ...

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No order, but income imputed (access required)

A father who switched to a lower-paying job must have income imputed to him, even though there was no support order in place when he changed jobs, the Court of Appeals has ruled. This decision extends the landmark case of ...

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Jury tags title company for settlement agent's acts (access required)

A Fairfax jury has found a title company liable for the bad acts of its settlement agent who absconded with closing funds. The jury awarded more than $300,000 in both compensatory and punitive damages to the seller who never received ...

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ADA provides new weapon to attack $1M med-mal cap (access required)

Virginia’s medical-malpractice plaintiffs’ lawyers are developing a new attack on the commonwealth’s $1 million cap on med-mal damages. Their tool is the Americans with Disabilities Act. Here is the argument: Under constitutional law, a statute usually is invalid if it ...

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HOs will be in fast lane with new process on Jan. 1 (access required)

Clients who are convicted for a third predicate offense will face habitual offender status almost immediately under new procedures that take effect Jan. 1. The changes will allow the Department of Motor Vehicles and judges to identify potential habitual offenders ...

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National group offers 'elder law' certification (access required)

For a while, some attorneys have called themselves “elder law attorneys,” but the term has meant different things to various lawyers. There has been no way thus far for the consumer to know what subjects a particular elder-law attorney knew. ...

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News in Brief for 12/4/95 (access required)

Bankruptcy boom continues The boom in bankruptcy filings has accelerated around the state, according to court statistics. The western part of the state will see a new record–6,997 filings–if current trends hold, according to John W. L. Craig, clerk of ...

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New-home warranty lost in 'creative financing' (access required)

A “creative financing” scheme used by a McLean lawyer and his wife to purchase their dream house backfired when the couple lost a statutory warranty available on “new dwellings.” Rather than arranging conventional financing on the home, the couple and ...

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