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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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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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Orange Co. joins jurisdictions rejecting DUI defense (access required)

While collateral estoppel worked in one case in Prince William last week, the DUI double-jeopardy defense was being used with mixed results elsewhere. A Circuit judge in Orange County rejected the defense. The decision counters a General District Court ruling ...

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Mail service abroad fails (access required)

A Virginia plaintiff cannot serve process on an Italian insurance company merely by having papers mailed directly to its business address in Milan, an Alexandria federal judge has ruled, adopting the report of a magistrate judge. There is a split ...

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How high-income clients can lower child support (access required)

Come July, expect clients who pay child support–and who have high incomes–to be knocking on your office door asking to change their support decrees. For those who do not come knocking, you might want to call to suggest a modification. ...

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