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Author Archives: Peter Vieth

Supreme Court gives outline for Batson challenges (access required)


The Supreme Court of Virginia offers a tutorial on Batson challenges to jury strikes while affirming a first-degree murder conviction in a case decided last month. The justices split 5-2 on whether a prosecutor’s race-neutral explanation for striking a juror ...

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AG: Prosecutors should quit enforcement of habitual drunkard law (access required)

Attorney General Mark Herring says Virginia prosecutors should stop seeking “interdiction” orders against people alleged to be “habitual drunkards” under a state law ruled unconstitutional by a federal court. The 4th U.S. Circuit Court of Appeals ruled 8-7 on July ...

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Senators reopen judgeship evaluations (access required)

Virginia’s two U.S. senators are reopening their evaluation process for filling the seat of semi-retired U.S. District Judge Glen E. Conrad. The move comes in the wake of reports that President Trump was considering U.S. Attorney Thomas Cullen for the ...

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Professional discipline is usable for impeachment (access required)


Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

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Trustee calls for action to end ‘hemorrhaging’ at LeClair (access required)

The U.S. Trustee’s office says a bankruptcy judge should promptly appoint a supervisor for the wind-down of LeClairRyan PLLC. The trustee urges the presiding judge to convert the firm’s bankruptcy action to Chapter 7 to try to stem the tide of ...

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Redaction flub brings show cause order (access required)

After a federal magistrate judge asked lawyers for a pharmaceutical company to explain a flawed redaction attempt, the lawyers acknowledged they failed to use the proper redaction software. A brief signed by a Jones Day lawyer in Washington and filed ...

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Judge: Beware the LLC diversity trap (access required)

ROANOKE — A Roanoke federal judge has some advice for litigation lawyers: Double check the citizenship of the parties before filing a diversity action in federal court. Just because an LLC is registered in a particular state does not make ...

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Justices part ways on vicarious liability (access required)


The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

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