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Tag Archives: Judge Robert J. Smith

Harmless error rule allows use of ‘de facto will’ (access required)

Last Will and Testament FEA

Virginia lawyers have had a tool to validate wills that fail to meet the strict requirements of authentic­ity for almost nine years. Lawyers report increasing use of what has been called the “harmless error rule” for wills that don’t quite ...

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Florida Nephew Subject to Virginia Contract Claim (access required)

A Florida resident who signed a contract with plaintiff Flood Doctor as the “authorized agent” of his 95-year-old aunt for work on her Virginia home, is subject to personal jurisdiction in Virginia, says a Fairfax Circuit Court; the Florida resident ...

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Med-mal plaintiff prevails in second jury trial – $1,300,000 Verdict (access required)

This case was a re-trial from a jury that hung 5-1 in the plaintiff’s favor. Plaintiff was a single mother and teacher who had a double mastectomy for unilateral breast cancer. She subsequently underwent breast reconstruction, which required multiple surgeries. ...

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