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Ocean granted: Fairfax judge sails the Atlantic (access required)

Before last summer, Fairfax Circuit Court Judge Thomas S. Kenny had crossed the Atlantic Ocean many times. By plane. In July, Kenny made the crossing in a 44-foot sailboat. In doing so, he finished a project he had begun many ...

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Plaintiff claims breach by defendant's carrier (access required)

An injured plaintiff can sue a defendant’s insurance carrier for failure to settle a claim up to the policy’s limits, a Charlottesville Circuit judge has ruled. The case appears to provide the first state court ruling that an injured party ...

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Driver can't get punitives from epileptic (access required)

An auto-crash plaintiff cannot state a claim for punitive damages against a defendant who knew he had epilepsy and claimed that a seizure caused the accident, a Fairfax Circuit judge has ruled. The accident occurred after the defendant left work ...

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Carrier tenders limits, walks away (access required)

An automobile liability carrier that tenders policy limits can be relieved of its duty to defend an automobile accident case, a Fredericksburg circuit judge has ruled. A 1988 amendment to Virginia’s uninsured motorist insurance law creates a statutory right allowing ...

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Mediation can succeed in contract disputes (access required)

It started out as a noisy contract struggle featuring two major Richmond-area hospitals and a pediatric heart surgeon, represented by some of the state’s largest law firms. It was resolved almost quietly with a mediated agreement earlier this month, with ...

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Criminal discovery and how to make it work FOIA (access required)

Criminal defense lawyers often lament the limitations Virginia places on pretrial discovery. But successful advocates cannot count on the prosecution to spoon-feed them important clues about their cases, according to members of the Virginia College of Criminal Defense Attorneys. Creative ...

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Show, don't tell: a maxim to prove pain and suffering (access required)

When proving damages in a personal-injury case, the game is not show and tell–it is “show, don’t tell.” P. Brent Brown, a lawyer in Roanoke, offered a number of stories to illustrate this maxim and others in a Virginia Trial ...

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Premises case to be heard (access required)

This week’s paper includes Supreme Court Review Granted on pages 20 and 21. This feature highlights the cases the Virginia Supreme Court has agreed to hear, including the issues presented. The issues include the following: * Does a gas station ...

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Art nouveau: Law firm holds exhibit in its own office (access required)

In an era of law-firm marketing, many lawyers search for effective yet tasteful ways to draw clients to their firms. Huff, Poole & Mahoney P.C. uses a novel approach: each fall, the firm holds an art show in its Virginia ...

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Court recommends four new district judgeships (access required)

Four new district court judgeships have been recommended by the Supreme Court. One judge each would be added to the 5th District General District Court in Southside Virginia, the 1st District Juvenile & Domestic Relations Court in Chesapeake, the 2nd ...

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