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Medical Malpractice: Notice filed before change saves claim (access required)

Medical-malpractice plaintiffs who have been holding their breath since July 1, 1993, now can exhale. Plaintiffs who filed a “notice of claim” before that date still have viable cases, despite the 1993 overhaul of the med-mal statute. In a case ...

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Gotcha! No med-pay for wreck on non-insured cycle (access required)

A young man who was covered by his parents’ insurance policy on their Chevrolet did not have medical coverage when he had an accident on his motorcycle, the Supreme Court has held. The motorcycle accident was excluded from the Chevrolet ...

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UCC accord needs more than endorsement as 'paid in full' (access required)

Even though a widow tendered a check to a hospital marked with a note that cashing it would mean a “full/final settlement of all claims,” she cannot claim accord and satisfaction of her debt, a Richmond Circuit judge has ruled. ...

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Lawyer can't say 'fraud' to impeach during cross (access required)

A lawyer seeking to impeach a car-crash plaintiff on the witness stand cannot raise the fact that she had a prior conviction for fraud, the Virginia Supreme Court has ruled in a case of first impression. In 1971, the high ...

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Sentencing options are multiplying (access required)

Criminal-defense lawyers can offer new sentencing alternatives to some of their convicted clients under statutory changes that went into effect July 1. Defense lawyers must come up with a sentencing plan for plea negotiations or for a hearing, and “we ...

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More sentencing options clients may want to know (access required)

Along with the new detention and diversion centers, the Virginia Code offers several other options for convicted defendants to try to get straight after some incarceration or without any prison time. The Department of Corrections has a chart showing the ...

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Shared custody would be less rigid, more complex (access required)

Draft proposal sets new 104-day formula The current 110-day threshold for “shared custody” that reduces a non-custodial parent’s child support could be replaced by a more flexible, but also more complicated, approach, under proposals that may go to the General ...

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Officer commits suicide, his family awarded $1.1M (access required)

In one of the largest verdicts in Henrico County history, a jury has awarded $1.125 million to the family of a Virginia State Trooper who committed suicide while under a psychiatrist’s care. The medical-malpractice suit alleged that the psychiatrist, who ...

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Getting house and support could turn into double-dip (access required)

A double-dip may be the portion of choice when visiting an ice-cream parlor, but lawyers should beware of “double-dipping” while in divorce court, according to several experts in domestic relations law. “Double-dipping” occurs when a divorce court “awards an asset, ...

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News in Brief for 9/18/95 (access required)

VSB-endorsed insurance adds PPO The Virginia State Bar Medical Plan has added a preferred provider organization option effective Oct. 1. The coverage is available to VSB members, families and staffs. The VSB’s traditional and PPO medical insurance programs are underwritten ...

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