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The Death of Antonin Scalia and Former VA Governor Bob McDonnell

February 16, 2016

Perhaps no individual litigant will be more affected by the death of Supreme Court Justice Antonin Scalia than former Virginia Governor Bob McDonnell. The Governor’s appeal to the United States Supreme Court from his “corruption” conviction is...

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Misrepresentation or Mere "Puffery"?

February 09, 2016

A condominium developer in Northern Virginia avoided liability for fraud under common law and the Virginia Consumer Protection Act by engaging in “puffery” rather than misrepresentation of facts. That was the conclusion of the United States...

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Bank Learns the Hard Way About After Acquired Title and Priority

October 06, 2015

What happens when a person signs a deed or deed of trust purporting to convey property that he does not own? The Virginia Supreme Court considered that question in the complicated case of Deutsche Bank National Trust Company v. Arrington, decided...

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The Common Enemy

September 14, 2015

For the second time in three years, the Virginia Supreme Court has revisited the “common enemy rule” pertaining to stormwater drainage. First came the case of Kurpiel v. Hicks, in which the Supreme Court seemed to weaken that rule by overturning...

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Is Smell Still Sufficient for Probable Cause in Virginia?

August 24, 2015

As many criminal defense practitioners can attest, the typical fact pattern for a “routine” marijuana charge is your client being stopped by police for some minor traffic infraction and upon approaching the window of the car smells a distinct odor...

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Tenancy by the Entirety: A New Case Changes A Very Old Doctrine

August 11, 2015

Virginia is one of approximately 24 states that allow married couples to hold title to real estate as tenants by the entirety. Most REALTORS have probably seen deeds that grant property to married couples “as tenants by the entirety with the right...

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Virginia DUI Journal: The Breath Test, Part II

August 06, 2015

One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...

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Boundary Line Adjustments: Moving the Line is Not Enough

July 13, 2015

At some point in their careers, most REALTORS will probably run into a transaction involving a boundary line dispute. Those disputes usually arise when one of two neighboring properties goes up for sale, and the potential purchaser obtains a...

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Virginia DUI Journal: The BreathTest, Part I

June 02, 2015

One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...

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Back to Fundamentals in Estate Planning: A Long Term Perspective

March 11, 2015

It has always been the case that one size does not fit all when it comes to estate planning. However, recent changes emphasize why we cannot simply use the standard plan from years past, and expect that we will achieve optimal and appropriate...

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