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Jury trial waiver forfeited in scheduling order (access required)

By Peter Vieth
Published: January 24, 2011
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Lawyers disillusioned with mandatory arbitration are writing jury waiver clauses into their commercial contracts. But the lawyer must be careful not to waive the client’s contractual right to a bench trial when the lawyer goes to court for a routine scheduling conference, as one Fairfax County lawyer discovered the hard way. The lawyer’s signature on [...]

Custody order for school enrollment vacated by justices (access required)

By Alan Cooper
Published: September 30, 2010
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A Fairfax circuit judge lacked the authority to order the county school board to enroll children in a particular Fairfax school as part of a custody proceeding, the Supreme Court of Virginia ruled Sept. 28. After the enrollment order in the custody case, the school board headed to the high court under Virginia Code § [...]

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