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Appreciation of marital home divided pro rata (access required)

A husband and wife who divorce after a “later-in-life second marriage” each take away their separate contributions toward the down payment on the marital home, plus a proportionate share of the increase in its value, a Fairfax Circuit judge has ...

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Practice Tip: Preventing bar discipline for support staff's errors (access required)

Earlier this month, a Falls Church attorney received a public reprimand from the Virginia State Bar for something he did not do. His secretary had misappropriated client funds without the attorney’s knowledge, according to the disciplinary order in the case. ...

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Car crashes with alcohol settling for more money? (access required)

The case started out as an unremarkable car-crash claim. The plaintiff was injured in a head-on collision. He had run up $48,000 in medicals, but he was expected to make a complete recovery, according to his attorney. The plaintiff had ...

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Locating evidence of alcohol (access required)

Blood alcohol evidence can be valuable for either side in a car-crash case to show egregious behavior, to support punitive damages or to show contributory negligence as a defense to an injury suit. The preferred method for establishing alcohol as ...

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Must driver challenge suspension? Most lawyers say answer is no. (access required)

Although the double jeopardy defense is becoming widely known among DUI defense attorneys, the argument raises this question: Does a driver need to challenge a license suspension to later claim double jeopardy when prosecuted for DUI? Many of the attorneys ...

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Newport News suspends use of its new pretrial order (access required)

The Newport News Circuit Court’s effort to put cases on a strict timetable like the Eastern District’s “rocket docket” has taken a temporary detour. Earlier this year, Chief Judge Robert P. Frank introduced use of the pretrial order in all ...

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Va. Beach has been down the pretrial path as well (access required)

Newport News is not the only Tidewater jurisdiction that has had difficulties creating a pretrial order that fits just right. Virginia Beach had a controversy over pretrial orders a couple of years ago. In January 1992, the Virginia Beach Circuit ...

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NOVA LAW: Voir dire–Testing a juror's English proficiency (access required)

A Vietnamese juror’s alleged difficulty with the English language and reliance on other jurors did not deprive an Alexandria criminal defendant of his Sixth Amendment right to an impartial jury, the 4th U.S. Circuit Court of Appeals has ruled. The ...

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NOVA LAW: Arlington County dedicates new courthouse (access required)

Friday, March 10, marked a turning point in the history of Arlington’s courts. On that day, the county’s court, police and administrative personnel gathered to dedicate a new, 12-story courthouse. The new structure stands across the street from the old ...

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Arguing equitable distribution … two different ways (access required)

ARLINGTON–In an innovative Fairfax divorce case last year, a Circuit Court judge figuring equitable distribution gave a husband both his initial down payment on the marital home and a healthy share of the home’s appreciation. Prior to that case, Pederson ...

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