Supreme Court of Virginia confirms that Virginia remains a "single-disease" jurisdiction for purposes of determining when a cause of action for asbestos-related injuries accrues.

On January 10, 2013, the Supreme Court of Virginia, in Kiser v. A.W. Chesterton Co., issued a 5-2 decision holding that under Virginia Code § 8.01-249(4) a plaintiff's cause of action for damages relating to his latent mesothelioma accrued when he was first diagnosed with an asbestos-related disease (asbestosis) and not decades later when he was diagnosed with mesothelioma.

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The Landlord's Lien: An Often Ignored Pitfall for the Secured Creditor

The landlord lien is a statutory remedy in Virginia that is often overlooked by creditors who lend to individuals or entities who are also tenants. In this article, we discuss the salient features of the landlord's lien, why secured creditors should be aware of this particular remedy and the steps a secured creditor may take to protect its interest in property owned by the tenant.

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Surety Bonds: Incorporating the Underlying Contract into the Bond May Require The Surety to Submit to Arbitration

When a surety bond incorporates the underlying contract as part of its terms and conditions, the surety may be required to submit to arbitration or pay attorney’s fees, depending on the terms of the underlying contract, according to a recent case from the United States Court of Appeals for the Fourth Circuit.

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An Update on the New Rules Relating to Home Mortgage Claims in Chapter 13 Bankruptcy

December 1, 2011 brought important new bankruptcy rules that affect (a) the proof of claim forms to be used when a borrower is in Chapter 13 bankruptcy and the loan is secured by the borrower’s principal residence, and (b) the follow-up required by the lender to ensure that the claim remains up to date and the borrower is notified of (i) changes to his required payments, and (ii) any fees, expenses, or charges that are to be recovered from him or the principal residence. These rules apply to every Chapter 13 case, regardless of whether it was filed before or after December 1, 2011 (although a lender does not have to file a new proof of claim if it had already filed one before December 1, 2011).

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