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Estate can argue both p.i., death (access required)

After a woman was injured at a nursing home and died 10 weeks later, her estate can sue the home for both wrongful death and personal injury, a Richmond Circuit judge has ruled. The judge found that the estate need ...

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$8M Tylenol award OK'd (access required)

Doctors’ diagnoses pass Daubert test An $8 million verdict against the manufacturer of Tylenol was upheld last week by the 4th U.S. Circuit Court of Appeals. The verdict is believed to be the largest ever awarded by a jury sitting ...

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Practice Tip: What is reasonable doubt? (access required)

Jurors in a criminal trial usually are familiar with the term, “beyond a reasonable doubt” in a vague sense, but many do not carefully consider its meaning until called upon to decide one defendant’s fate. Many defense lawyers have said ...

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Fourth Circuit resists new definitions (access required)

Fourth Circuit resists new definitions In half-a-dozen cases in recent years, federal courts in Virginia have specifically addressed the instruction on “reasonable doubt. Possible Doubt Although the trial court told the jury that the government was not required to prove ...

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Try more kids as adults, governor's panel proposes (access required)

Virginia lawyers may soon see a sea change in how juvenile offenders are tried: The focus would shift from rehabilitation to punishment under a recommendation from a panel studying juvenile justice. The Governor’s Commission on Juvenile Justice Reform is recommending ...

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Four groups study juveniles (access required)

Several groups in Virginia state government are studying Virginia’s juvenile justice system this year. A scorecard follows. Mission: This group was appointed by Gov. George F. Allen to look at ways to prepare the system for an expected jump in ...

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'Strict liability' for harassment reversed (access required)

An employer should not be held liable for sexual harassment for the “isolated but offensive” conduct of a worker, so long as it takes prompt corrective action, the en banc 4th U.S. Circuit Court of Appeals has ruled. The 4th ...

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OSHA regs can show duty of care (access required)

A power company can use OSHA regulations to show the duty of care a worker on a crane should exercise for his own safety, a Norfolk Circuit judge has ruled in a case of apparent first impression. But the power ...

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Represent child as you would adult, judge says (access required)

An attorney representing a child in a criminal case needs to remember to act as an advocate, not a guardian, according to Richmond Juvenile & Domestic Relations Judge Kimberly B. O’Donnell. The lawyer’s job is not to look out for ...

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Lawyer's estate gets double fees (access required)

For six years, a Southwest Virginia bankruptcy attorney was in and out of courtrooms on behalf of his client, a destitute coal miner. The lawyer continually urged the court to keep the case on its docket while the coal miner ...

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