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Receipt of complaint triggers removal clock (access required)

The time limit for removing a case from state to federal court begins to run when the defendant receives a copy of the motion for judgment, a federal judge in Richmond has ruled. The case follows a 1993 decision from ...

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Another Fairfax General District judge has accepted the DUI double-jeopardy defense. (access required)

Last week, Judge Jonathan Thacher dismissed charges against four DUI defendants in the case of Commonwealth v. Derflinger (VLW 095-12-09). The judge found that prosecution for driving under the influence, after a prior seven-day administrative suspension, would constitute double jeopardy. ...

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Anthology on law & baseball a hit, no errors (access required)

BASEBALL AND THE AMERICAN LEGAL MIND. Spencer W. Waller, Neil B. Cohen and Paul Finkelman, eds. Garland Publishing Inc., New York, N.Y. $75 cloth, $19.95 paper. 525 pp. Back in 1983, Kansas City Royals third baseman George Brett caused a ...

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News in Brief for June 5, 1995 (access required)

Cap on court-appointed fees challenged again A second challenge to the cap on attorneys’ fees for court-appointed counsel has been rebuffed in Chesapeake Circuit Court. The defendant’s lawyer was heartened by the judge’s willingness to knock 10 years off the ...

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VSB Disciplinary Board beefed up almost 50% (access required)

Due to annual increases in bar complaints, the Virginia State Bar’s Disciplinary Board will increase in size by nearly 50 percent starting July 1. At first blush, lawyers may groan at the prospect of more disciplinary watchdogs. But the change ...

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Pittsylvania girl scores record award (access required)

A young teenager who lost part of her leg in an auto accident has won a record verdict of $975,000 in Pittsylvania County Circuit Court. A Trial Report in Keen v. Administrator of the Williams Estate was submitted by Danville ...

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Insurance defense: cutting deals while cutting costs (access required)

When insurance carriers start playing the cost-cutting game, lawyers often may be dealt a weak hand. But folding is not an option. Some lawyers have responded to cost-cutting by running a law firm of staff attorneys on one carrier’s payroll. ...

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Plaintiff can refile after no service, then nonsuit (access required)

Failure to serve a defendant before taking a nonsuit does not prevent a plaintiff from later refiling the suit after a two-year statute of limitations has run, a Roanoke federal judge has ruled. In the case, the plaintiff nonsuited without ...

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Comp lost over failed drug test (access required)

A claimant who failed a drug test and was fired from his job was not entitled to reinstatement of his workers’ compensation benefits, the Court of Appeals has ruled. The claimant was fired for cause and forfeited his benefits, the ...

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Return of license estops DUI charge (access required)

A driver who won back her suspended license could use collateral estoppel to get her DUI case dismissed in Prince William General District Court. The case appears to be the first reported instance in which collateral estoppel has succeeded as ...

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