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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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Expert cannot trump plaintiff's testimony (access required)

Massie rule alive and well An expert who assumed an injured railroad worker would never work again could not testify about lost wages after the man himself testified he was starting a new job, the Virginia Supreme Court has ruled. ...

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ECOA doesn't help wife who signed release (access required)

A wife who guaranteed a loan to her husband’s business, then signed a broad release when the loan was refinanced, could not use the Equal Credit Opportunity Act as a defense to the lender’s collection action in Richmond. The case ...

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Immigrants, duped in house sale, win fraud suit (access required)

A Fairfax jury has awarded $225,000 to a Cambodian couple who received only $3,000 for the sale of their $285,000 house in Vienna. The lawsuit accused a title company, its owner, two purchasers and a mortgage company of defrauding the ...

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Temp lawyering offers flexibility, lacks security (access required)

An attorney moves from the fast-paced suburbs of a large city to an area of the state where jobs aren’t as plentiful. A “temporary” solution to her employment problem could lead to permanent satisfaction. Deborah Jordan practiced in Northern Virginia ...

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News in Brief for 11/13/95 (access required)

Yet more venue litigation Parts is parts, but coming to Richmond to pick up parts can get you hauled into the city’s courts. In the latest installment of the long-playing battle over venue in Richmond, a concrete manufacturer with plants ...

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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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Student challenges school's 'charity' status (access required)

Volunteers receive the protection of charitable immunity under the Supreme Court’s Moore decision only if they perform good deeds for an organization that qualifies as a charity. Thus, the threshold question is: What is a “charity”? This issue underlies another ...

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'Pay-when-paid' clause OK in building contract (access required)

“Pay-when-paid” construction contracts are legal, the Virginia Supreme Court has ruled. Under these contracts, a general contractor does not pay a subcontractor until the owner actually pays him. But the parties must have agreed that payment by the owner to ...

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