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Hurt passenger can stack UIM from driver's policy (access required)

A passenger injured in a one-car collision may “stack” the underinsured motorist coverage of the driver’s policy to determine the amount of UIM coverage available, a Fairfax Circuit Court judge has ruled. The holding sets up a split in the ...

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Plaintiff would pay for nonsuit before verdict under proposal (access required)

Nonsuiting a case may become more expensive for a plaintiff under a bill introduced last week in the General Assembly. Senate Bill 770, sponsored by Sen. Joseph B. Benedetti, R-Richmond, would require courts to assess attorneys’ fees and costs against ...

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Court narrows state's use of previous DUIs (access required)

When sentencing a defendant for driving under the influence, a court cannot admit evidence of a past uncounseled conviction for which the defendant received a suspended sentence, the Court of Appeals has ruled in a case of apparent first impression. ...

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Formalities for wills to be eased? (access required)

Most lawyers probably have heard a story or two about a will that failed due to some technicality–a witness stepped out the room during the signing ceremony, or there was a quirk with handwriting or a signature. But under a ...

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Carrier needn't pay claim that violates public policy (access required)

If a policyholder illegally imported the silk rugs he insured, then he is barred from recovering under his renter’s policy for the alleged subsequent loss of the rugs, a Fairfax Circuit judge has ruled. This ruling allowed an insurance carrier ...

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Gilmore: Let the victim speak before sentencing (access required)

The victim of a crime would be able to address the court during the sentencing phase of a trial under a legislative proposal announced last week by Attorney General James S. Gilmore III. The proposal is part of a package ...

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VBA urges enhanced appellate jurisdiction (access required)

There would be an appeal of right in every case heard in Virginia under recommendations made by the Virginia Bar Association. The jurisdiction of the Court of Appeals would be broadened to cover all civil cases, and the court’s membership ...

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Expert's destructive testing kills claim (access required)

A case from federal court in Richmond provides a cautionary tale for products plaintiffs: When consulting an expert to determine if you have a case, make sure the expert does not destroy the bad product. A man who fell off ...

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Assembly may expand evidence on lost wages (access required)

A bill that would allow evidence of potential lost wages when a plaintiff has no recent employment history leads a list of legislation that awaits the General Assembly when it reconvenes Wednesday. House Bill 236 would specifically render admissible “evidence ...

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Rehab alimony postponed (again) as VSB section, VWAA bargain (access required)

Domestic-relations lawyers who want to see a new law allowing rehabilitative alimony should cool their heels, because legislative change looks unlikely in 1995. Family lawyers widely support the concept of rehabilitative alimony, which is spousal support for a limited duration. ...

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