Virginia Lawyers Weekly articles from December 2004

Virginia Lawyers Weekly archives from December 2004

Virginia Court Case Summaries: December 6, 2004.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff Employment Discrimination Equal Pay - 911 Call Center Although plaintiff female supervisors act a 911 emergency call center in Wicomico County, Md., contend they should receive the same pay as...

Virginia Court Case Summaries: December 6, 2004.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff Administrative DSS Finding - Mental Abuse Of Child The appellate court affirms a circuit court order upholding an administrative finding by the Alexandria Department of Social Services that...

Verdicts & Settlements December 6, 2004: Virginia jury returns defense verdict in med-mal case.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff Decedent was a 59-year-old self-employed computer consultant who suddenly fell ill on Saturday, March 23, 2002, with abdominal cramping, nausea, vomiting and chills. His wife called her husband's...

Commentary: Is dialing into a conference call an interception?
December 6, 2004... Byline: Becky Dale In March 2002 Ed Matricardi, then executive director of the Republican Party of Virginia, listened in on two conference calls among Democratic legislators who were discussing a redistricting case. Matricardi and three...

Case to test Virginia law on 'writ of actual innocence'.
December 6, 2004... Byline: Brent Baldwin A Roanoke County man in prison for sexual assault based on the testimony of an 11-year-old girl who has since recanted is petitioning to win his freedom under a change to the Virginia Code. Virginia's 21-day rule...

Virginia Court Case Summaries: December 6, 2004.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Salt Study - Standing - Information Quality Act The Salt Institute and the U.S. Chamber of Commerce do not have standing to challenge the dissemination of the results of a study...

Virginia Appeals Court rules court can't order exam for depressed woman.
December 6, 2004... Byline: Deborah Elkins A judge cannot use a circuit court's general equity power to order an obese and depressed woman to undergo a comprehensive medical evaluation, the Virginia Court of Appeals has ruled. The new appellate decision...

Virginia State Bar panel rejects mandatory fee dispute resolution.
December 6, 2004... Byline: Dara McLeod A Virginia State Bar task force studying alternative dispute resolution for attorney-client fee disputes has rejected the notion of making mediation or arbitration of such disputes mandatory, but its report does...

U.S. Supreme Court limits auto loan scam damages.
December 6, 2004... Byline: Dara McLeod The U.S. Supreme Court held last week that the 4th U.S. Circuit Court of Appeals wrongly interpreted the federal Truth in Lending Act when it upheld a $24,000 jury verdict to a Virginia man who claims he was victimized...

Item doesn't become an 'heirloom' by calling it so.
December 6, 2004... Byline: Paul Fletcher You can't make something a family heirloom just by calling it one. Or maybe you can, but you can't exempt it from bankruptcy court. So a man who wanted to protect items of sports memorabilia - several signed...

Virginia Circuit Court Case Summaries: December 6, 2004.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff Contract Construction - Home Renovations - Course Of Dealing Where plaintiff homeowners accepted plaintiff contractor's third proposal for renovations to be performed to their home, and the...

Verdicts & Settlements December 6, 2004: Newport News med-mal case settles for $1M.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff On May 14, 1996, Jane Doe's mother was seen at her obstetrician's office where a nonstress test was performed. She was immediately sent to Mary Immaculate Hospital and admitted at 12:29. By 12:41 there...

Verdicts & Settlements December 6, 2004: Virginia teenager awarded for school bus accident.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff At the time of the accident, the plaintiff was 14 years old and the rear passenger of a school bus that was rear-ended by a tractor-trailer. The tractor-trailer driver, an independent contractor,...

Verdicts & Settlements December 6, 2004: Va. case involving lead poisoned triplets settles.
December 6, 2004... Byline: Virginia Lawyers Weekly Staff The infant plaintiffs were triplets who, at age four, tested positive for lead in their blood while residing in a rental home owned and managed by defendants. The highest blood lead levels were 24, 19,...

Joint med-mal study panel narrows recommendations in Virginia.
December 13, 2004... Byline: Brent Baldwin Doctors and lawyers met recently for the last time in 2004 to discuss problems with the current medical malpractice system in Virginia and agreed on one thing: some changes need to happen soon. The joint...

Verdicts & Settlements December 13, 2004: Va. court auto accident case settles for 135K.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff and his girlfriend were traveling in the Mid-Town Tunnel in Portsmouth when they were struck head-on by a tractor-trailer driver who crossed over into their lane of travel. The accident caused...

Virginia Appeals Court rules navy man's bonus pay must be split with ex-wife.
December 13, 2004... Byline: Deborah Elkins A husband who received a $30,000 military bonus payment after he separated from his wife must split the bonus with her because it reduces the amount of his eventual military pension, the Virginia Court of Appeals has...

Verdicts & Settlements December 13, 2004: Virginia med-mal case settles for $800K.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff, a 40-year-old female, was seen in the emergency department with a history of right upper quadrant pain. General surgeon Dr. Roe diagnosed acute cholescysitis for which he recommended an...

Verdicts & Settlements December 13, 2004: Drunken driving auto accident settles in Virginia Beach.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Defendant had blood alcohol level of .27. Defense argued plaintiff was contributorily negligent for attempting to make a U-turn on Clarkson Road. Plaintiff's counsel argued contributory negligence is...

Commentary: A Christmas Brief.
December 13, 2004... Byline: Paul Fletcher 'Twas the night before Christmas and all through the firm, Not a creature was stirring, except for McWorm. He sat at his desk, consumed by deep grief-- The source of his problems? A 50-page brief! The law...

Model instruction on insurance benefits now available to judges.
December 13, 2004... Byline: Dara McLeod Under a new model jury instruction, trial judges in auto accident cases may begin specifically instructing juries that they are not to consider the presence or absence of insurance or other benefits in deciding the...

Virginia lawyer is abducted and beaten.
December 13, 2004... Byline: Dara McLeod After surviving a terrifying ordeal that sounds like a scene in a best-selling legal thriller, Alexandria lawyer Kenneth E. Labowitz is recovering from injuries he suffered during an abduction and attack by three armed,...

Virginia Court Case Summaries: December 13, 2004.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Class Action - Tobacco Farmer Settlement Agreements -'Beginning Of Trial' Where a settlement agreement between tobacco farmers of their antitrust claims against defendant...

Virginia Court Case Summaries: December 13, 2004.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Black Lung Claims - SSNs - Privacy Act A plaintiff who won a suit under the Privacy Act of 1974, 5 U.S.C. Sect. 552a(g)(4)(B), challenging the U.S. Department of Labor's...

Virginia Court Case Summaries: December 13, 2004.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Carnal Knowledge Of Child - Element Of Offense - Use Of Force -'Invited Error' A defendant's convictions of carnal knowledge of a child less than 15 years of age, by both sexual...

Virginia Supreme Court Case Summaries: December 13, 2004.
December 13, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Ineffective Assistance - Belated Appeal Where petitioner was denied his right to appeal his criminal case to the Court of Appeals through no fault of his own, the...

Commentary: Office staff is a vital link in risk management strategy.
December 20, 2004... Byline: Emily J. Eichenhorn Non-lawyer staff members can put a law firm at risk just as much, if not more, than any attorney. Negligence, breaches of confidentiality, and bad client interactions on the part of secretaries, receptionists,...

Death case from Richmond jail mediated for $670K.
December 20, 2004... Byline: Brent Baldwin The family of a man who died of bacterial meningitis contracted in the Richmond City Jail recently gained $670,000 in the mediation of a complex civil litigation case alleging wrongful death, civil rights violations...

Virginia Court Case Summaries: December 20, 2004.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff Consumer Protection Auto Purchase - TILA - Fair Credit - ECOA - Arbitration A woman who alleges a salesman told her that a mandatory arbitration clause in a retail installment sales contract...

Virginia Court Case Summaries: December 20, 2004.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Petition For Writ - Actual Innocence - DNA Testing A petitioner is not entitled to a writ of actual innocence based on his claim that he could prove his innocence with neck swabs that...

Paralegal career was one of fastest-growing for 2004.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff According to the U.S. Bureau of Labor Statistics, the paralegal profession has been ranked as one of the most stable and fastest-growing careers for 2004. It has also been projected the number of...

Virginia Court Case Summaries: December 20, 2004.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Prefiling Injunction - Pro Se Litigant A prefiling injunction against a pro se plaintiff who has made repeated frivolous filings in his employment discrimination matter is...

Virginia Court Case Summaries: December 20, 2004.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Abstention - Va. Mechanic's Lien - Surety Bond A supplier of structural steel for construction of a salt production facility in Saltville, Va., who filed memoranda of mechanic's...

Virginia paralegal seminar reveals efficiency and results are keys to dealing with medical experts.
December 20, 2004... Byline: Brent Baldwin Nobody ever said paralegals have it easy, especially in medical malpractice cases--where one wrong move can spell disaster. At a recent paralegal seminar in Richmond sponsored by the Virginia Trial Lawyers...

The way to motivate office staff may not be what you think.
December 20, 2004... Byline: Amy Johnson Conner More than extensive benefit packages, more than cash bonuses, and even more than high salaries, support staff want opportunities for advancement, training to expand their expertise and flexible schedules,...

Non-profit program there when lawyers (and staff) need a helping hand.
December 20, 2004... Byline: Brent Baldwin Jane was a legal assistant in good standing at a big firm. She was well respected by her employers and peers and heading down the path of a respectable career. But there was only one problem: Jane was an...

Commentary: Hearsay.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff Glory Days? Choosing the commonwealth's judges is serious business, but moments of levity do arise. The Virginia General Assembly's House and Senate Courts of Justice Committees met jointly in...

Virginia Circuit Court Case Summaries: December 20, 2004.
December 20, 2004... Byline: Virginia Lawyers Weekly Staff Contract Construction - Ongoing Project A bank may pursue a declaratory action against the contractor in this ongoing construction project for declaratory relief related to contractual...

Virginia Bar proposal states lapse of insurance would need to be reported.
December 20, 2004... Byline: Paul Fletcher Lawyers would be required to notify the Virginia State Bar within 30 days if their professional malpractice insurance lapses or terminates, under a proposal that will be before the VSB Council in February. ...

Virginia judicial council adopts fiduciary pay guidelines.
December 20, 2004... Byline: Dara McLeod New guidelines for paying a fiduciary such as the executor of a will, a trustee or a guardian soon will be distributed to Virginia's circuit courts judges and commissioners of accounts. The guidelines were approved by...

Virginia federal judge denies punitives from med-mal suit.
December 20, 2004... Byline: Dara McLeod A liposuction patient who was mistakenly injected with epinephrine rather than an anti-nausea drug following the procedure cannot seek punitive damages against a doctor, a federal judge in Alexandria has ruled. The...

Virginia Court Case Summaries: December 27, 2004.
December 27, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Conditional Guilty Plea - Firearm Possession A district court erred in accepting a defendant's conditional guilty plea to firearms possession charges because defendant attempted to...

Two black Virginia men win record verdicts for race discrimination.
December 27, 2004... Byline: Brent Baldwin Two black trash collectors have been awarded $2.6 million each in a race discrimination case in Alexandria federal court; the awards apparently set the Virginia record for an individual's verdict in a race case. ...

Virginia Court Case Summaries: December 27, 2004.
December 27, 2004... Byline: Virginia Lawyers Weekly Staff Admiralty Titanic Salvage - French Maritime Order In ruling on plaintiff R.M.S. Titanic's motion for salvage and/or finds award, the trial court holds that it will not recognize a 1993...

Virginia Court Case Summaries: December 27, 2004.
December 27, 2004... Byline: Virginia Lawyers Weekly Staff Civil Rights Mental Hospital - Patient Suit - Medication Defendant director and other officials of Western State Hospital win summary judgment in a personal injury suit filed by a former...

Noncompete Virginia case leads to contempt and defendants agree on jail time.
December 27, 2004... Byline: Dara McLeod A "garden variety" noncompete case has ended - for now at least - with an unusual twist in which the defendants agreed to serve jail time. "You just don't see people agree to jail time in a civil case," said John...

Virginia bar groups support Fairfax Circuit Judge R. Terrence Ney for Appeals Court seat.
December 27, 2004... Byline: Paul Fletcher Fairfax Circuit Judge R. Terrence Ney has gained the backing from five of Virginia's statewide bar groups for a seat on the Virginia Court of Appeals. And he appears to be the only declared candidate to succeed...

Virginia circuit judge 'double recovery' OK for comp claim.
December 27, 2004... Byline: Deborah Elkins A circuit court clerk who was injured while attending a university seminar can collect workers' comp benefits and a settlement related to his separate tort claim, a Virginia circuit judge has ruled in a case of first...

Virginia Court Case Summaries: December 27, 2004.
December 27, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Obstruction Of Justice - Domestic Incident Where police responding to a domestic incident found defendant repeatedly yelling at a woman and refusing to quiet down or allow police to...

Virginia Circuit Court Case Summaries: December 17, 2007.
December 27, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Waiver - State Court Remand Where defendants had this case removed from state to federal court, they waived their objection to personal jurisdiction and...