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Discovery delay gets $15K slap (access required)

Plaintiff gets its costs A Norfolk premises liability defendant has been hit with a $15,000 sanction to cover the plaintiff’s costs in tracking down information not provided in discovery. The sanction appears to be the largest in a state court ...

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Federal judges consider uniform pre-trial order (access required)

Lawyers who practice in federal court in Richmond may soon go from facing four different pre-trial schedules to one. Currently, each judge has his own pre-trial schedule that sets out the timetable for bringing cases to trial on the so-called ...

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Keep voir dire away from lawyers, judges say (access required)

Local rules in Richmond and in the Eastern District were not the only fodder for discussion at the bench-bar conference in Richmond last month. The attorneys and judges also reviewed proposals being considered by the Judicial Conference to change the ...

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Yes, Virginia, sentencing guidelines are voluntary (access required)

Virginia circuit judges are not looking over their shoulders at the General Assembly when sentencing criminal defendants, according to several judges in the metropolitan Richmond area. The judges met with criminal-defense lawyers in Richmond on Sept. 21 to discuss whether ...

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Judicial discretion and deviations (access required)

Preliminary data released last month by the Virginia Criminal Sentencing Commission indicates the Virginia Circuit Court judges are taking the legislature at its word. Consideration, not application, of the guidelines is mandatory. Judges are finding opportunities to impose sentences both ...

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'Community caretaker' rebuffed by high court (access required)

A state trooper could not use the “community caretaker” doctrine to stop a vehicle moving forward partly on the shoulder and partly on a private yard, the Supreme Court has ruled in a case of apparent first impression. Because the ...

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Legal aid, blaming cuts, may ask VSB for money (access required)

ALEXANDRIA–Facing large cuts in federal funding, legal aid programs in the commonwealth may ask the Virginia State Bar to help foot the bill. At its Sept. 15 meeting, the VSB Executive Committee heard a plea from Charles E.K. Vasaly, executive ...

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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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