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News in Brief for March 20, 1995 (access required)

Blood test not enough for license suspension A driver’s license cannot be suspended when a blood test rather than a breath test is used to measure the driver’s intoxication, a Richmond General District Court judge has ruled. Richmond attorney John ...

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Mom's move out west gives custody to dad (access required)

Even though a mother was a good parent and had been the primary caregiver for the two children, the father should have custody because the mother plans to move to California, a Richmond Circuit Court judge has ruled. The mother ...

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Research Box: Parents who move can win or lose custody (access required)

The following are summaries of some opinions addressing custody and relocation. Where a VLW number is indicated, the actual opinion can be ordered by calling Virginia Lawyers Weekly at 800-456-5297 or the automated-opinion system at 800-933-5599. Move Enjoined The chancellor ...

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NOVA Law: Banks outside Va. OK for trust accounts (access required)

A lawyer with a Virginia license who practices in the District of Columbia or Maryland would not have to set up a separate trust account in a Virginia bank, under a rule adopted by the Virginia State Bar Council when ...

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New suspension law sparks DUI fracas (access required)

Courts test double jeopardy defense, Loudoun provides 1st written opinion A new Virginia law is sending attorneys racing to challenge administrative license suspensions and leaving prosecutors bracing for attempts to use the statute to short-circuit DUI cases. The new law ...

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High court: No claim for breach of UCC good faith (access required)

A bank did not violate its duty of good faith by refusing a borrower’s request to release collateral for sale, the Supreme Court has held in a case of first impression. With this decision, Virginia adopts the majority view that ...

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Negotiating attorneys' fees (access required)

The Mahoney case on good faith also offers guidance on how banks and borrowers can negotiate over attorneys’ fees. While the guarantors appealed as to good faith, the bank appealed on fees. The bank claimed that the trial court should ...

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IOLTA rolls back July 1 (access required)

The Virginia State Bar Council, which twice voted for mandatory IOLTA, has approved a rule change rolling back the program to opt-out status. The March 3 vote, which was unanimous, is part of the procedural follow-through of a deal cut ...

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Tip: Striking jurors for right and wrong reasons (access required)

Although litigators know that striking venire members on the basis of race or sex is prohibited, they may be at a loss sometimes to explain their peremptory strikes. Or they may be surprised to hear a strike questioned at all. ...

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DUI defense works in Va. (access required)

Based on double jeopardy A new DUI defense based on double jeopardy has worked apparently for the first time in Virginia: A Roanoke County general district judge last Wednesday dismissed DUI charges against a defendant whose license had been suspended ...

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