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Author Archives: Peter Vieth

Judge stays order striking incumbent protection law (access required)

A federal judge has put a hold on his order striking down Virginia’s Incumbent Protection Act as unconstitutional. State election officials had asked for the stay while they appeal the Jan. 19 decision invalidating the law. In that decision, U.S. ...

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State challenges ruling striking incumbent protection law (access required)

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Virginia election officials are asking a federal judge to put a hold on his recent ruling striking Virginia’s “Incumbent Protection Act.” The law allows certain incumbent legislators to decide how their party’s nominee will be selected, regardless of the party’s ...

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Delegate sued over structured settlement sales (access required)

A Virginia lawyer-legislator is named in a federal lawsuit claiming he failed to follow rules protecting beneficiaries of structured settlements. As an attorney, Del. Steve Heretick represents companies that buy structured settlement benefits from recipients, offering immediate cash in place ...

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Sanctions hurdle removed for discovery stonewall (access required)

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Accusations of discovery lapses may be common in civil litigation, but what does a lawyer do when his opponent simply ignores routine discovery requests? While attorneys agree it’s rare for a litigant to make no response whatsoever to standard written ...

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Senate proposal: Ban doctor noncompetes (access required)

A proposal to outlaw noncompete agreements for physicians is alive at the Virginia General Assembly, although perhaps not for long. The Senate Commerce and Labor Committee approved the idea on an 8-5 vote after hearing Sen. Bill Stanley, R-Moneta, argue ...

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Criminal discovery reform…again (access required)

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The latest study of Virginia criminal discovery rules produced a fresh report just in time to forestall a legislative rewrite effort this month. Once again, a multi-discipline group is recommending defense access to police reports. The next move is up ...

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Va. lawyer gets 9th Circuit win in auto class action (access required)

Lynchburg attorney James B. Feinman scored a win in an ongoing bid to force state-by-state settlement terms in a national class action over exaggerated Hyundai mileage claims. Feinman represents Virginia owners of Hyundai Elantras advertised as getting 40 mpg. The ...

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Senator balks at judgeship list (access required)

Protesting what he called a “flawed process,” state Sen. Creigh Deeds, D-Hot Springs, railed against a revised allocation plan for Virginia trial court judgeships before a Senate committee Jan. 24. Based on a 2017 weighted caseload study, the state court ...

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