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Real estate is separate property, stock marital (access required)

A wife who transferred her shares of stock in a close corporation to her husband during their marriage retained her interest in the stock as marital property, the Court of Appeals has ruled. By contrast, when the wife deeded her ...

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One strike and you're in (access required)

A common criminal defense motion used to preserve an appeal based on insufficient evidence may not be necessary, according to a Court of Appeals ruling. By a 2-1 vote, the judges held that a renewed motion to strike is not ...

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Novel theory challenges use of direct indictments (access required)

Direct indictments are anathema to criminal-defense attorneys because they deprive them of a valuable discovery tool — the preliminary hearing. At least one lawyer recently tried a novel argument for attacking direct indictments as unconstitutional. A Norfolk lawyer has argued ...

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Plaintiffs gain leverage with UIM ruling (access required)

Plaintiffs’ attorneys may gain new leverage with underinsured motorist carriers under a Fredericksburg Circuit Court bench ruling that has sent ripples throughout the auto-accident bar. The holding: Once a liability insurance carrier tenders the limits of its policy, it no ...

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1994: The legal year in Virginia (access required)

Supreme Court shakes up business, employment law Traffic HO case most popular opinion of year In surveying Virginia’s legal landscape over the past year, Virginia Lawyers Weekly readers serve as our intrepid guides. Although we do not have a 900 ...

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Top 20 Popular Opinions (access required)

In descending order, these are the top 20 opinions that have prompted Virginia Lawyers Weekly readers to dial for decisions during 1994. For copies of the cases, please telephone the automated opinion system at 1-800-933-5599. NESSELRODT v. COMMONWEALTH. Six habitual ...

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VSB "trip to woodshed" over budget leads news (access required)

End-of-the-year retrospectives sometimes reach for literary parallels, often settling on Dickens’ Tale of Two Cities: “It was the best of times, it was the worst of times.” But Virginia law in 1994 brings to mind the title of Dostoyevsky’s Crime ...

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Legal Analysis–The economic-loss puzzle: (access required)

If lawyers were handing out a prize for the most confusing legal rule, the “rule against perpetuities” would be the clear winner. But according to lawyers who handle business torts, the economic-loss rule would be the runner-up. Like other elusive ...

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Research Box: The economic-loss rule in business torts (access required)

The following are summaries of cases since 1990 in which the economic-loss rule was at issue, including ones addressed in the article, “The economic-loss puzzle: a simple but elusive rule,” starting on page one. The actual opinions can be ordered ...

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VSB, bankers swap plans to avoid new IOLTA melee (access required)

The Virginia State Bar and the Virginia Bankers Association have been talking about mandatory IOLTA, trying to figure out a way to avoid another battle in the General Assembly over the program. In the 1994 session the Assembly entertained a ...

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