Virginia Lawyers Weekly articles from December 2003

Virginia Lawyers Weekly archives from December 2003

Virginia Circuit Judge Dismisses Contract Suit Over Defect In Signature.
December 1, 2003... Byline: John D. Tuerck A contract case should be thrown out because the plaintiff company's officer signed the agreement in his individual capacity rather than his corporate capacity, a Roanoke City circuit judge has ruled. The...

Virginia State Bar: Firms On The Web Should Read Ethics Rules.
December 1, 2003... Byline: Dawn Chase As more law firms develop Web sites to lure clients, the Virginia State Bar has a suggestion: Before you launch your site, brush up on the ethics rules that govern lawyer advertising. A lot of lawyers don't think of...

Verdicts & Settlements December 1, 2003: Obstetrician Wins Medical Malpractice Suit.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff This case involved injuries sustained by mother and child in connection with the Feb. 20, 2002 labor and delivery. The defendant, an obstetrician/gynecologist, determined that the amniotic fluid...

Verdicts & Settlements December 1, 2003: Former Colonial Heights Mayor Wins Defamation Suit.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff is a 26-year member of the Colonial Heights City Council. During his campaign for re-election in 2002, the defendant drafted and paid for two advertisements that were published in the...

Verdicts & Settlements December 1, 2003: Williamsburg Neurosurgeon Wins Defamation Suit.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff is a neurosurgeon in the Williamsburg area. In 1998 he performed a cage fusion surgery on the defendant Lindeman's lumbar spine, which provided relief of back pain from his work-related...

Arlington, Va. county employees use tax money to purchase Hamlet tickets.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Up in Arlington, about 150 county employees, including County Manager Ron Carlee, spent $2,500 in tax money on tickets to see a performance of Hamlet. The county called it a lesson in leadership,...

U.S. Court of Appeals 4th Circuit Case Summaries: December 1, 2003.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Civil Rights Prison Inmate - Failure To Protect - Qualified Immunity A district court erred in granting summary judgment based on qualified immunity to defendant correctional officers in this...

U.S. District Court For Eastern Virginia Case Summaries: December 1, 2003.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Personal Jurisdiction - E- Mail Receipt - Defamation Where plaintiff, an Arlington County lobbyist for the National Rifle Association assigned to lobby in North Carolina, alleges...

Virginia Lawyers Weekly discusses odd laws.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff The story on the wire about the bathing law in Kentucky was making the rounds last week, too. In our neighbor to the west, there's a state law mandating that people take a bath once a year. ...

Two Unusual Plaintiffs Win Verdicts For Defamation From Virginia Juries.
December 1, 2003... Byline: Dawn Chase Two plaintiffs who normally wouldn't be in court won defamation verdicts from Virginia juries last month. One was a politician who challenged an advertisement run two days before an election, that falsely claimed the...

U.S. Bankruptcy Court Case Summaries: December 1, 2003.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Bankruptcy Automatic Stay Violation - PSA Breach - Ch. 7 Where wife prosecuted a contempt proceeding against debtor husband for violating the parties' property settlement agreement by failing...

Virginia Circuit Court Case Summaries: December 1, 2003.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Contract - Synthetic Stucco - Class- Action Settlement - Verdict Reduction Where plaintiffs who claim damage to their home from installation of synthetic stucco won a jury...

New Wise County Commonweath's Attorney Chad Dotson Shaves His Head.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Chad Dotson ran for Wise County Commonwealth's Attorney last month and won. He also had to make good on a campaign promise: He pledged to shave his head if he was victorious. The Friday after...

Virginia Federal Court Rules E-Mail Into State Will Not Confer Jurisdiction.
December 1, 2003... Byline: Deborah Elkins Use of America Online servers in Loudoun County to send e-mail to a private subscriber group that included a Virginia resident does not provide the contact needed to keep a defamation suit in a Virginia federal...

Virginia Court of Appeals Case Summaries: December 1, 2003.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Defendant's Identity - Felony Domestic Assault At defendant's trial for felony domestic assault, third offense, the testimony of defendant's wife identifying him as "John Anthony...

Verdicts & Settlements December 1, 2003: Nursing Home Negligence Suit Settles For $350K.
December 1, 2003... Byline: Virginia Lawyers Weekly Staff A severely compromised 94-year-old nursing home resident reportedly slid from the edge of her bed to the floor. The resident, who was documented to be a high-fall risk, was assessed by several nursing...

Roy Rogers restaurants to make a comeback?
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Did you ever enjoy a roast beef sandwich at one of those old, formerly ubiquitous Roy Rogers restaurants? A couple of guys in Maryland are thinking of you. A family that helped launch the first...

Illinois man changes his name to Bubba Bubba Bubba.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Okay, that sounds like a Southern-fried version of the popular find-him book series of the '90s, "Where's Waldo?" As it turns out, Bubba is in Springfield, Ill. In fact, that's "Bubba Bubba...

Virginia Apple Crop Insurance Case Settles For $210,000.
December 8, 2003... Byline: Matthew Philips A Nelson County apple orchard has settled a claim against its crop insurance carrier for $210,000. To gain the settlement, attorneys for the orchard argued that there was a clear error in USDA government...

U.S. District Court For Eastern Virginia Case Summaries: December 8, 2003.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Diversity Jurisdiction - Removal Although plaintiff contends its online computer search attempting to identify liable parties is sufficient for the purpose of defeating...

Verdicts & Settlements December 8, 2003: Wal-Mart settles negligence suit for $50K.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Employees of the defendant rotated all four tires on the plaintiff's 2002 Ford pickup truck but did not completely tighten the lug nuts of one wheel. After the plaintiff drove approximately 20 miles,...

Verdicts & Settlements December 8, 2003: Brain injury mediates for $2.4M.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff, 60, was riding his bicycle on Shore Drive in the city of Virginia Beach. The defendant Swygert was driving a commercial delivery box truck at about 50 mph when he attempted to pass the...

U.S. District Court For Western Virginia Case Summaries: December 8, 2003.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Abstention - First- To-File Rule Where plaintiff coal company alleges defendants made certain material misrepresentations that caused plaintiff to enter into a letter of intent...

Virginia Court of Appeals Case Summaries: December 8, 2003.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Administrative Employee Grievance - Housing Authority Employee - Accounting Practices A trial court did not err in reversing a three-member hearing panel's order to reinstate the fired finance...

Virginia Circuit Court Case Summaries: December 8, 2003.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Nonsuit - Counterclaim Settlement - County Software - Confidential Data System Where a plaintiff computer company earlier settled defendant county's counterclaims so that the...

Four Virginia Judges Feel Scrutiny In Reelection Interviews.
December 8, 2003... Byline: Dawn Chase Most of the Virginia judges up for reelection in 2004 got through their legislative interviews last week with ease, after fielding questions such as, "Why do you want to keep being a judge?" But four judges were...

Virginia Circuit Court Judge Rules 'Last Clear Chance' Instruction A Mistake.
December 8, 2003... Byline: Deborah Elkins A man who was acting as a "ground guide" in the middle of a street, signalling to a Coca-Cola truck to exit a plant, cannot recover for injuries he suffered when struck by a passing vehicle, a Fredericksburg Circuit...

Virginia General Assembly To Fill 10 Judicial Vacancies.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff In addition to considering the reelection of 47 incumbent judges, the 2004 General Assembly will fill 10 vacancies created by the death or retirement of judges. On Dec. 1, the House and Senate...

Poll of drivers in East Coast states view traffic congestion as major problem.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Hey, stop the presses. A poll of drivers in five East Coast states and the nation's capital found that nearly two-thirds view traffic congestion as a major problem. AAA Mid-Atlantic last...

Federal judges are back on the bench.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Being a retired federal judge isn't all gravy. Lawyers might imagine that federal judges take senior status in order to pursue a hobby or just kick back after years of the daily grind of hearing...

U.S. District Court For The Eastern District of Va. Seeks Input On Changes To Local Rules.
December 8, 2003... Byline: John D. Tuerck The U.S. District Court for the Eastern District of Virginia is seeking input on a host of proposed changes to the court's Local Rules of Practice. Significantly, the rules would be divided into one set for civil...

U.S. Court of Appeals 4th Circuit Case Summaries: December 8, 2003.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff Constitutional First Amendment - School Dress Code - NRA T- Shirt A sixth-grade student who was asked to remove or turn inside out a t-shirt that showed three gunmen taking aim at no particular...

Verdicts & Settlements December 8, 2003: Suit for bile duct injuries settles for $500K.
December 8, 2003... Byline: Virginia Lawyers Weekly Staff This medical malpractice case arose out of a laparoscopic cholecystectomy. The plaintiff alleged that the defendant surgeon failed to dissect out and identify all pertinent biliary anatomy prior to...

An Innovative Settlement Of 'Mixing Bowl' Accident In Virginia.
December 15, 2003... Byline: Matthew Philips A multi-car accident in Northern Virginia's "Mixing Bowl" in which five people were killed has resulted in the settlement of six lawsuits involving 10 insurance claims. According to both plaintiff's and defense...

Home that inspired "The Waltons" sells for $122K at an auction in Schuyler, Va.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff The home of the family that inspired "The Waltons" television series was sold for $122,000 at an auction Dec. 6 in the small Nelson County town of Schuyler. "There are so many different things that...

Virginia Circuit Judge Rules Home Buyer Can Sue Seller For 'Flood Plain' Fraud.
December 15, 2003... Byline: Deborah Elkins A home buyer can sue for fraud based on claims that the sellers told their agent to deny that flood insurance was required for the property and that a survey and promotional brochure stated that the property was...

U.S. District Court of Eastern Virginia Case Summaries: December 15, 2003.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Venezuelan Bank - Letter Of Credit In this fraud, conspiracy and tort action growing out of a contract for the sale of six tankers of gasoline, plaintiff,...

Virginia Court of Appeals Case Summaries: December 15, 2003.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Attempted Capital Murder - Assault On Officer - Lesser- Included Offense - Leaving Accident Scene Where a defendant was pursued on suspicion of DUI, and after her car came to a stop,...

Case Law In 2003: A Look At The Virginia Supreme Court.
December 15, 2003... Byline: Deborah Elkins This year's survey of Virginia case law highlights decisions of the Supreme Court of Virginia during 2003. The high court's caseload has hovered around 3,000 filings for each of the last five years, according to...

The Top 10 Virginia Legal News Stories of 2003.
December 15, 2003... Byline: Paul Fletcher 2003 was an unusually full year for legal news in Virginia. From the problems created by the fall of Glen Allen-based insurance giant Reciprocal of America to the installation of Virginia's first new Chief Justice...

Two Virginia cities discuss statewide trend regarding fresh cut x-mas trees in apartments.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Residents of Hampton and Newport News had better think twice about lugging Christmas trees into their apartments, according to authorities there. Both cities announced Dec. 5 they would buck the...

Verdicts & Settlements December 15, 2003: Va. 'Mixing-Bowl' Auto Accident Case Settles For $1.2M.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Fourteen-year-old George MacDougall was a backseat passenger traveling on I-95 south when a northbound dump truck was sideswiped by a small SUV. The driver of the dump truck lost control, veered across...

Verdicts & Settlements December 15, 2003: Medical Malpractice Suit Mediates For $500K.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff On June 11, 2000, a 74-year-old female suffered an acute heart attack and died from related complications three weeks later. The decedent had undergone a stress test including EKG and echocardiogram...

Verdicts & Settlements December 15, 2003: Va. Jury Finds For Plaintiff In Auto Accident Suit.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff This case arose out of an automobile accident on I-64 in Hampton. Both the plaintiff and defendant were traveling east-bound; the defendant was in the far left lane and the plaintiff was to the far...

Verdicts & Settlements December 15, 2003: Va. Jury Awards $1.5M In Wrongful Death Suit.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Christopher Ryan Gresham was a 19 year-old male living with his parents in September 2001. Gresham, who had a past history of asthma, experienced a sudden onset of breathing difficulty and epigastric...

Verdicts & Settlements December 15, 2003: Misdiagnosed Tumor Results In $500K Settlement.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff On June 5, 1998, the plaintiff, 26, was employed by the Newport News Waterworks Department. He presented to Mary Immaculate Hospital in Newport News on that day complaining of a headache, visual...

Virginia's Committee On District Courts Seeks Two New J&DR Judgeships.
December 15, 2003... Byline: Matthew Philps The Committee on District Courts has asked the General Assembly to add a judgeship to the Juvenile and Domestic Relations District Courts of both the 15th and 27th Judicial Districts. This recommendation covers...

Virginia Court Of Appeals Rules Wife's Support Not Cut Off By 'Merged' Contract.
December 15, 2003... Byline: Deborah Elkins A wife's right to spousal support under a 1989 contract survived her cohabitation even though the parties' contract was "merged" into their final divorce decree, the Virginia Court of Appeals has ruled. In 1997,...

U.S. Court of Appeals 4th Circuit Case Summaries: December 15, 2003.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Civil Rights Prison Inmate - Kosher Diet - RLUIPA In this suit by a Virginia inmate claiming he was illegally denied the kosher diet required by his religious beliefs as a "Hebrew Israelite,"...

Local preservationist hopes 100-year-old home can be saved in Lexington, Va.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Up in Lexington, Virginia Military Institute has raised concerns among preservationists over plans that would bulldoze some of the school's history. Vee-Em-Eye needs to expand its dining hall near...

U.S. District Court of Western Virginia Case Summaries: December 15, 2003.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Municipal Real Estate - Land Use - Biosolids Ordinance In a suit brought by seven Appomattox farmers who have obtained Virginia Department of Health permits to use biosolids on their land, a...

Virginia Circuit Court Case Summaries: December 15, 2003.
December 15, 2003... Byline: Virginia Lawyers Weekly Staff Administrative Auto Dealership - Franchise Termination The Commissioner of the Department of Motor Vehicles did not err in finding that Mitsubishi Motor Sales failed to show good cause in...

Panel: Study Needed On Use Of Virginia Commissioners.
December 22, 2003... Byline: Deborah Elkins A proposal to amend the Virginia Code to limit the use of commissioners in chancery in divorce cases needs more study, according to the Judicial Council of Virginia, the policymaking body for Virginia's court system....

Chesterfield, Va. Initiates Its New Mediation Program.
December 22, 2003... Byline: Matthew Philips Chesterfield County has begun a new mediation program designed to promote the use of alternative dispute resolution for cases filed in the 12th Judicial Circuit Court. Effective today, the program comes after...

U.S. District Court of Eastern Virginia Case Summaries: December 22, 2003.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Admiralty - Third- Party Complaint Where plaintiff filed a maritime complaint against a ship owner alleging injury from the owner's negligence and the unseaworthiness of the...

Virginia Court of Appeals Case Summaries: December 22, 2003.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Administration Beer Franchise Act - Distributorship Termination In this litigation involving a brewery's termination of a distributorship over the distributor's alleged failure to clear stale...

Christmas tree theft spreads to the Old Dominion.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Last week we reported on the alleged Christmas tree thieves in Florida who wanted to pinch Rotary Club trees to buy crack. Sad to say the tree-theft trend has made it to the Old Dominion. Back...

Virginia Lawyers In The News: December 22, 2003.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Two Virginia attorneys were inducted into the American College of Trial Lawyers, at the group's recent meeting in Montreal: * Henry W. McLaughlin III of Richmond. McLaughlin, who is with the...

Virginia Circuit Court Case Summaries: December 22, 2003.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Negligence Auto Accident - Plea In Bar - Accord & Satisfaction A plaintiff's telephone conversation with defendant's auto insurance claims representative, prior to plaintiff's retention of...

Verdicts & Settlements December 22, 2003: Va. Jury Awards $10,500 In Auto Accident Case.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff, age 11, was a passenger in his mother's vehicle when he was involved in this Hopewell collision. The defendant failed to yield the right of way when he made a left turn in front of their...

Ohio Appeals Court rules couple can't collect under uninsured motorist insurance for hitting a cow.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff From the Well, Now We Know file: A cow is not a motor vehicle and a couple who hit one with their car can't collect under their uninsured motorist insurance, a state appeals court in Ohio has ruled. ...

Gene possibly responsible for alcoholism.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Here's some scoop, just in time for New Year's Eve. Out in San Francisco, researchers have found a gene responsible for drunkenness in worms after plying thousands of the tiny creatures with booze...

Leroy Rountree Hassell Sr. to begin second year as Chief Justice of the Supreme Court of Va.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff Leroy Rountree Hassell Sr. is about to begin his second year as Chief Justice of the Supreme Court of Virginia, after taking over from Harry L. Carrico, who had served in that capacity for 21 years. ...

Virginia Federal Judge Rules Part-Timer Can Sue For Equal Pay.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff A female engineer who works 30 hours a week can sue for equal pay based on the earnings of a male engineer who works 40 hours a week, an Alexandria federal judge has ruled. The plaintiff engineer's...

Verdicts & Settlements December 22, 2003: OB/GYN defendant settles for failure to diagnose case.
December 22, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff was a 26-year-old married female who presented to the corporate defendant OB/GYN group for her first prenatal check up of her second pregnancy. The plaintiff was assessed by a certified...

U.S. Court of Appeals 4th Circuit Case Summaries: December 29, 2003.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Commercial Unregistered Securities - Rabbi Trust - Minister's Standing Where a Presbyterian minister and others claim they suffered severe financial losses at the hands of an investment firm...

U.S. District Court For Eastern Virginia Case Summaries: December 29, 2003.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Contract Construction - Subcontractor Bonds - Indemnity Where a demolition subcontractor on a wastewater treatment project did not timely finish the job, breaching its contract with the prime...

U.S. District Court For Western Virginia Case Summaries: December 29, 2003.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Bankruptcy Dischargeability Of Debt - Student Loan - Ch. 13 A bankruptcy court erred in allowing debtor to discharge her student loan debt after completion of her chapter 13 plan, and the...

Virginia Court of Appeals Case Summaries: December 29, 2003.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Murder - Batson Claim At defendant's trial for malicious wounding and murder in drug-related shootings, the trial court did not err in ruling that the commonwealth's reason for...

Virginia Circuit Court Judge Enforces Settlement Of P.I. Claim.
December 29, 2003... Byline: Paul Fletcher Where a car-wreck victim accepts a claims representative's "final offer," without further conditions, her claim has been settled and she cannot back out and later sue, a Roanoke circuit judge has ruled. The...

Virginia Federal Judge Approves Website's Temporary Restraining Order Against Alleged Hackers.
December 29, 2003... Byline: Paul Fletcher The owners of a medical-information website are entitled to a temporary restraining order against a competitor that allegedly hacked into the site and stole confidential client lists and proprietary information, a...

Verdicts & Settlements December 29, 2003: Auto Accident Settles For $750K.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff This case involved a motor vehicle collision in which the plaintiff's Toyota Corolla was T- boned and crushed against a guardrail by a dump truck operated by defendant Casco-Rosa and owned by his...

Verdicts & Settlements December 29, 2003: Va. Jury Awards $500K To Auto Accident Plaintiff.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff was a restrained driver of an automobile that had made a right hand turn into a parking lot at about 9:30 p.m. The defendant truck driver also made a right hand turn into the same parking...

Virginia Lawyers In The News: December 29, 2003.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Fairfax attorney Bill Schmidt has been elected to serve as chairman of the board of advisors of the Fairfax District of the Salvation Army. Schmidt has been a member of the board of advisors since 1990...

Verdicts & Settlements December 29, 2003: Va. Jury Finds For Defense In Rear-End Auto Case.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff This case involved a rear-end collision. The defendant was travelling behind the plaintiff when the plaintiff slowed down to make a left-hand turn at an intersection. The plaintiff began to accelerate,...

Virginia Senate To Open Proceedings To Live Internet Broadcast.
December 29, 2003... Byline: Matthew Philips Virginia lawyers will be able to follow legislation in the state Senate as it happens in real time when the 2004 General Assembly convenes next month. Last week, the Senate of Virginia announced plans to provide...

Washington D.C. Lawyer Alvin O. West Dies At 90.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Longtime metro D.C. lawyer Alvin O. West died in Arlington on Dec. 8. He was 90. Mr. West served as president of the D.C. Baptist Convention in 1977-78. He was the group's legal advisor for many...

Virginia Circuit Court Case Summaries: December 29, 2003.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff Administrative Hospital Construction - COPN - Agency Remand Where a medical center is petitioning the State Health Commissioner to allow it to replace two of its hospitals in Northern Virginia...

Verdicts & Settlements December 29, 2003: Wrongful Death Suit Settles For $670K.
December 29, 2003... Byline: Virginia Lawyers Weekly Staff The plaintiff, "Jane Doe," presented to the emergency room at the defendant hospital with complaints of severe abdominal pain. Upon evaluation by the triage nurse, Doe was informed that it would be at...