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New zoning cases ‘reconcilable,’ land use lawyer says (access required)

By Virginia Lawyers Weekly
Published: May 7, 2012
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The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted.
In its unpublished order in Town of Occoquan v. Elm Street Development, Inc. (VLW 012-6-062), the high court upheld a decision in favor of a developer who [...]

Justice warns insurance case may paint courts ‘into a corner’

By Peter Vieth
Published: May 7, 2012
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Insurance companies scored a win at the Supreme Court of Virginia with a coverage decision last month that could limit available insurance in some tort cases.
Revisiting an earlier opinion hailed by insurers, the court stuck to its position denying coverage to electric utilities blamed for greenhouse gases. But its opinion after rehearing used language calculated [...]

Lawyer seeks fee split, wins suit against her P.C.

By Deborah Elkins
Published: May 2, 2012
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A lawyer who discovered the other shareholder in her two-person firm was writing checks to family members on the firm’s trust account can sue on behalf of their professional corporation, the Supreme Court of Virginia said on April 20.
When Charlottesville lawyer Caroline Bragg discovered that John Cattano had written checks to his wife and children, [...]

High court provides primer on preserving objections (access required)

By Peter Vieth
Published: April 30, 2012
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A major brain injury claim that drew a small verdict from a Fairfax County jury provided an opportunity for the Supreme Court of Virginia to offer guidance to lawyers on preserving objections in a trial court record.
The auto accident victim, Mary Arnold, claimed permanent traumatic brain injury from a 2005 collision but came away from [...]

A tale of two cases: Land use lawyers scrutinize permits (access required)

By Deborah Elkins
Published: April 16, 2012
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A developer that wants to build in the historic town of Occoquan got a green light from the Supreme Court of Virginia earlier this month, in a case that raises questions about the role of “Special Use Permits” in regulating development.
Although the high court’s order in the Occoquan case is unpublished, a concurrence by one [...]

Request for York records ignored

By Peter Vieth
Published: April 13, 2012
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Tim O’Brien had a feeling things were not going well. It was getting late and he still had not heard from the judge.
The freelance legal reporter had flown to the Hampton Roads area to research court documents for a book project. Arriving at the courthouse in Yorktown around 9:30 a.m., he had asked to review [...]

Jocks in the Courts (access required)

By Paul Fletcher
Published: April 9, 2012
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Pro athletes make lots of money. Their lives are glamorous, if you read the tabloids. But superstars’ lives can be pretty messy, as messy as the lives of the mere mortals who are their fans. And sometimes those messes turn legal.
Look in this issue’s Verdicts & Settlements Reports and you’ll find a name usually associated [...]

High court clears way for rape conviction reversal  (access required)

By Virginia Lawyers Weekly
Published: March 12, 2012
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The Supreme Court of Virginia has cleared the way for a 20-year-old Virginia man to ask that his 2007 rape conviction be overturned.
The University of Virginia School of Law says that the decision Friday will allow Edgar Coker to ask the Stafford County
Circuit Court to overturn the conviction and have his name be removed from [...]

Court: Provide references in appeal or risk dismissal (access required)

By Peter Vieth
Published: March 8, 2012
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The Virginia Court of Appeals could be getting tougher on procedural defects in appeal petitions.
The court has asked lawyers in a criminal case to address whether a petition’s lack of exact references to trial court objections should require the court to reject the appeal.
Attorneys said the court previously has addressed the lapse by giving lawyers [...]

Twelve for ’12: A look at the stories we’ll be watching in the coming year (access required)

By Virginia Lawyers Weekly
Published: February 13, 2012
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For our annual Trends issue this year, we have identified a dozen different issues or points of departure that we’ll be watching in the coming year.
Twelve for ’12, we call it. Here’s the list:
STRESS ON THE COURTS
Read the lead story in this issue if you want a preview of coming attractions in courts across the [...]

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