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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 undo E.D. award she claims was based on lie (access required)

A Fairfax woman who claims her husband lied at trial when tracing his separate contribution toward the marital home may not set aside a monetary award that recognized that contribution, a Fairfax Circuit judge has ruled. The judge said that ...

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Estate planning from the grave: Making disclaimers work (access required)

After death, an estate plan can be changed if beneficiaries willingly disclaim (or forfeit) their due. But disclaimers should be handled like an explosive with many trip wires. For one thing, the person who benefits from the disclaimer cannot promise ...

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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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Map real estate practice before automating it (access required)

VIRGINIA BEACH–With fierce competition and flat fees, streamlining a residential real estate practice has become a necessity. “Time is our stock in trade. Real estate closings are time-intensive. If we could bill on an hourly basis, we’d be fine,” Charlotte, ...

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News in Brief for July 3, 1995 (access required)

Prof’s harassment opens school to strict liability A university would have strict liability for quid-pro-quo harassment under Title IX if a fact-finder were to decide that a student suffered retaliation from a professor for allegations of sexual harassment. The ruling ...

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