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Unloaded firearm is not dangerous instrumentality (access required)

An unloaded gun is not a dangerous instrumentality, a Stafford County Circuit judge has ruled in a case of first impression. In a case involving three boys who were playing with a gun that went off, the judge found that ...

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Bars crank up endorsements for federal seat (access required)

Robb seeks secrecy Bar associations across Virginia have begun sorting out candidates for a Western District federal judgeship that opens up this fall. U.S. Magistrate Judge B. Waugh Crigler, who sits in Charlottesville, has garnered the most support so far. ...

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The 1995 Floods: Bars' disaster plan passes test (access required)

MADISON–School has been out for weeks, but the parking lot has been full at the local high school lately. Residents came for help in the wake of floods during the last week of June. The flooding killed eight people and ...

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Court of Appeals to review child endangerment law (access required)

The Court of Appeals will decide the constitutionality of using the state’s child endangerment statute to go after drunken drivers who take children with them. The Court granted the commonwealth’s request to review a Virginia Beach ruling. In that case, ...

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First circuit opinion accepting DUI defense released (access required)

A Fauquier County Circuit judge has issued the first written opinion accepting the DUI double-jeopardy defense. Two other Northern Virginia judges, one in Fairfax and one in Fredericksburg, issued opinions rejecting the defense. Elsewhere in the state, two Circuit judges ...

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Gilmore seeks to leapfrog to high court on DUI appeal (access required)

Lawyers weary of tracking conflicting DUI double-jeopardy opinions may find some relief soon. The issue ultimately may bypass the Court of Appeals and go directly to the Supreme Court in the next few months. Attorney General James S. Gilmore III ...

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Wife can't recoup her home improvements… (access required)

A wife’s contributions for improvements to the marital home will not be returned to her during equitable distribution, a Richmond Circuit judge has ruled. Although the statute allows recovery of separate property contributed to the marital estate, the judge refused ...

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…but she can get a piece of law firm's receivables (access required)

The Patterson case above also offers guidance for divorces involving lawyers and other professionals. The wife was able to tap her lawyer husband’s share of his firm’s accounts receivables, the judge ruled. The case illustrates some of the problems attorneys ...

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Plaintiff can depose about reconstruction (access required)

A plaintiff can depose a defendant’s investigator about an accident reconstruction, a Richmond Circuit judge has ruled in a case of apparent first impression. During a deposition, the defendant sought to bar certain questions, based on the work-product doctrine. However, ...

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Plaintiff can't escape General District Court (access required)

Plaintiff’s lawyers may be wary of General District Court after a ruling in Henrico County in which a plaintiff who wanted to transfer her case to Circuit Court was trapped in General District Court. In a real estate case, a ...

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