Virginia Lawyers Weekly articles from December 2005

Virginia Lawyers Weekly archives from December 2005

U.S. Court of Appeals 4th Circuit Case Summaries: December 2, 2005.(U.S. v. Gilbert)(Colucci v. Afga Corporation Severance Pay Plan)(Miles v. Dell Inc.)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Felon In Possession - Transitory 'Innocent Possession' A defendant who claims he found a collection of firearms in a backpack and blanket and that he was on his way to the police...

U.S. District Court VA Western District Case Summaries: December 2, 2005.(Terry v. Modern Investment Co. Ltd.)(Langadinos v. Appalachian School of Law)(Coffey v. Morris)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Receiver Reappointment The district court denies defendants' motion to quash service of process because the district court may exercise personal...

VA Court of Appeals rules wife giving 94% of assets to husband OK.(Galloway v. Galloway)
December 5, 2005... Byline: Alan Cooper A property settlement agreement that gave the husband 94 percent of the marital assets is not unconscionable in the absence of overreaching or oppressive behavior, the Virginia Court of Appeals ruled last week. The...

4th U.S. Circuit Court of Appeals changes test for Title VII claim.(Miles v. Dell Inc. )
December 5, 2005... Byline: Alan Cooper Title VII plaintiffs may no longer need to show that they were replaced by someone outside their protected class to make out a prima facie case of discrimination, according to the 4th U.S. Circuit Court of Appeals. ...

U.S. District Court VA Eastern Case Summaries: December 5, 2005.(Motley v. Virginia State Bar)(Bea v. Doe)(Lentchner-Dorsey v. Experian Information Solutions Inc.)(Simmons v. Johnson )
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Lawyer Discipline - Jurisdiction - VSB - Abstention A lawyer whose disbarment by the Virginia State Bar was upheld by the Supreme Court of Virginia cannot sue those two...

Richmond Circuit Court rules doctors weren't liable for self-dealing, conversion.(Anesthesiology Associates of Richmond Inc.)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff A Richmond Circuit Court jury has rejected a contention that two former officers of an anesthesiology practice breached their fiduciary duties to the group by secretly paying themselves far more than...

VA Court of Appeals Case Summaries: December 5, 2005.(Walker v. Commonwealth)(Barnes v. Commonwealth)(Morris v. Commonwealth)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Abduction - Firearm Use - Robbery Although a trial court found defendant not guilty of robbery, in an incident in which defendant drew a gun and roughed up a man who was attempting to...

VA Supreme Court Case Summaries: December 5, 2005.(Powell v. Warden of the Sussex I State Prison)(Brief Article)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Capital Case - Ineffective Assistance The Supreme Court rejects a death-row defendant's habeas petition alleging that because the prosecutor sought a capital murder...

VA Circuit Court Case Summaries: December 5, 2005.(Schrager v. Squish)(Schrager v. Revolution Development Group LLC)(Graham v. Graham)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Corporate Shareholder Derivative Suit - LLC Where one member of a two-member limited liability corporation seeks reconsideration of his shareholder derivative action against the other member...

Fairfax County Circuit Court rules passenger had no duty to preserve car.(Benitez v. Ford Motor Co.)
December 5, 2005... Byline: Alan Cooper A passenger who was injured in a crash had no legal duty to preserve the car or to promptly notify the manufacturer of the car of the possibility of a product liability suit when the lack of notice did not prejudice the...

Are you stuffed enough?(cases of constitutional rights)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff In case you haven't had your fill of Thanksgiving leftovers, here's an item from a Norfolk judge who recently worked himself into the holiday spirit (or a state of dyspepsia) as he contemplated a...

VA Lawyers in the News: December 5, 2005.
December 5, 2005... Byline: Virginia Lawyers Weekly Staff McGuireWoods LLP has announced the addition of four associates in its Richmond office: Elizabeth L. Gunn will be an associate in the firm's financial services department. She will focus her...

Macon joins Virginia Supreme Court staff.(Edward M. Macon)(Brief Article)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Edward M. Macon, the former chief of the trial section in the Virginia attorney general's office, has joined the Virginia Supreme Court staff as assistant executive secretary and counsel to Executive...

Charlottesville's Legal Aid partners with Univ. of VA law school, med center.(University of Virginia, Legal Aid Justice Center )
December 5, 2005... Byline: Brent Baldwin Who says that doctors and lawyers in Virginia can't get along? As part of its continuing outreach, the Legal Aid Justice Center in Char-lottesville is involved in a new Family Advocacy Program which is forging a...

VA Court of Appeals rules despite violation of release law, evidence can be used.
December 5, 2005... Byline: Alan Cooper A violation of the Virginia law that generally requires misdemeanor suspects to be released on a summons does not compel the exclusion of evidence seized as a result of the violation. The Virginia Court of Appeals,...

Verdicts & Settlements (December 5, 2005) Med-mal plaintiff wins $1.5M verdict.(Carter v. Ravindra, M.D.)(Brief Article)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff sustained anoxic brain injury during ICD implantation procedure in February 2002. After the device was placed, plaintiff was administered 50mg Brevital for deep sedation in order to test the...

Verdicts & Settlements (December 5, 2005) Injury during delivery nets $650K verdict.(Blakey v. Anonymous MD)
December 5, 2005... Byline: Virginia Lawyers Weekly Staff Shoulder dystocia was encountered in the term delivery of 7 lbs 6 oz male. This was mismanaged by the obstetrician who applied excessive traction and excessive angulation of head-to-shoulder angle as...

U.S. Court of Appeals Case Summaries: December 12, 2005.(civil practice, drug fraud and employment discrimination)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Jurisdiction - Personal Before Subject Matter - Defamation Action In this case arising from a state suit alleging breach of contract, defamation and conspiracy, the district...

U.S. District Court VA Western Case Summaries: December 12, 2005.(Virginia)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Agricultural Commodities - Statutory Trust Plaintiffs, 14 produce companies, win summary judgment in their suit alleging that they are the beneficiaries of a statutory trust...

Virginia Court of Appeals Case Summaries: December 12, 2005.
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Murder - Juror Discharge - Offer Of Bible A trial court did not err in denying defendant's motion to discharge a juror for cause when she indicated her desire, mid-trial, to give...

Virginia Circuit Court Case Summaries: December 12, 2005.(Hudson v. Virginia Employment, Asser v. Commonwealth )
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Employment State Agency - Veteran's Preference - Executive Order A state agency hiring authority did not properly interpret a state statute, Va. Code Sect. 2.2-2903(B), and corresponding...

David J. Johnson is tapped to lead Virginia Indigent Defense Commission.(public defender)
December 12, 2005... Byline: Alan Cooper David J. Johnson has been named executive director of the Virginia Indigent Defense Commission effective Jan. 3. Johnson, 46, had been the public defender in Richmond from December 1989 until his appointment in...

The Best of 2005: Legal News.
December 12, 2005... Byline: Alan Cooper and Paul Fletcher 2005 was yet another full year of legal news, with some stories playing out over several months. A series of quick hits on Oh-Five's top news items: Politics and the Appeals Court Judge...

The Best Legal Issues of 2005.(Calendar)
December 12, 2005... Byline: Compiled by Paul Fletcher JANUARY January 3 Spotsylvania to tighten public nudity ordinance Even though Spotsylvania County does not have any strip clubs, the county attorney wants to tighten the language of the...

Supreme Court of Virginia vacates opinion on anguish over pet injuries.(Kondaurov v. Kerdasha)
December 12, 2005... Byline: Alan Cooper The Supreme Court of Virginia has taken the unusual step of vacating an opinion in a case in which the defense contended that a jury was improperly allowed to consider the emotional anguish a woman suffered because of...

District Courts panel backs mental health law change.(mentally ill people)
December 12, 2005... Byline: Alan Cooper The Committee on District Courts has recommended an amendment to a state law aimed at encouraging mentally ill people to continue taking their medication when they are being monitored as outpatients. Virginia Code...

Appellate Court says juror's offer of Bible was not cause for retrial.(Johnson v. Commonwealth )
December 12, 2005... Byline: Deborah Elkins Criminal defense lawyers: How do you know when your spirited defense of a murder defendant is not playing too well in front of the jury? When a juror makes like a Gideon and wants to offer your client a Bible....

Virginia Lawyers in the News: December 12, 2005.(appointments)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Vandeventer Black LLP has added three attorneys: Richard P. Hadorn Jr., Michelle V. Wycinsky and Allison Holmes. Hadorn concentrates his practice in general litigation and general commercial law. A...

Bernard L. McNamee to join McGuireWoods at AG's term end.(McGuire Woods L.L.P)
December 12, 2005... Byline: Brent Baldwin Bernard L. McNamee, chief deputy attorney general of Virginia, will soon join the Richmond office of McGuireWoods LLP as a partner in the energy and utilities division. His practice will focus on representing...

Retired Court of Appeals judge receives highest Fairfax Bar honor.(Rosemarie Annunziata received the Fairfax Bar Association's Jurisprudence Award )
December 12, 2005... Byline: Brent Baldwin Retired Court of Appeals Judge Rosemarie Annunziata received the Fairfax Bar Association's Jurisprudence Award on Dec. 5. This award is the highest given by the FBA and it is not given annually but only upon such...

Verdicts & Settlements December 12, 2005: Medical defendants prevail in suit by psychiatric patient.(Knight v. St. Mary's Hospital)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff, 29, had a long history of depression and had been treated for it by a defendant psychiatrist. Over Labor Day weekend, he attempted suicide with overdoses of heroin on two consecutive nights....

Verdicts & Settlements December 12, 2005: Slip-and-fall injury prompts $225K verdict.(Schrage v. Golden Gate Service Inc.)(Brief Article)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff The plaintiff underwent surgery for a communition fracture of the right patella as a result of slipping and falling on a floor recently mopped by the defendant. The defendant conceded that no...

Verdicts & Settlements December 12, 2005: Surgeon prevails in suit over hemorrhoid diagnosis.(medical negligence)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Defendant is a general surgeon. The plaintiff presented to defendant's office on June 21, 1995, upon referral from her primary care physician for surgical evaluation of hemorrhoids. Defendant, a...

Verdicts & Settlements December 12, 2005: Defense sanctioned over discovery.(House v. Green and Giant of Maryland LLC.)(Brief Article)
December 12, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff's physical injuries were never in dispute, as the true contest was over the existence and degree of any closed head injuries sustained by the plaintiff. Accordingly, Plaintiff's counsel filed...

U.S. District Court VA Eastern Case Summaries: December 19, 2005.(Cooper v. GGGR Investments LLC)(Guyon v. Basso)(Decision Insights Inc. v. Quillen )
December 19, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Fraudulent Conveyance - Home Sale - Consumer Protection A Chapter 13 debtor's conveyance of his home in a sale-leaseback, after debtor asked his lawyer to dismiss his Chapter 13...

U.S. Bankruptcy Court Case Summaries: December 19, 2005.(Helmes v. Wachovia Bank N.A.)
December 19, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Discharged Debt - Proper Reporting - Intentional Error - Ch. 7 Although a bank erred in repeatedly reporting to a credit agency that debtor had a past due account when the debt had...

VA Circuit Court Case Summaries: December 19, 2005.(Simmons v. On Faith LLC)(Commonwealth v. Wolf )
December 19, 2005... Byline: Virginia Lawyers Weekly Staff Real Estate Restrictive Covenant - Commercial Development A restrictive covenant that requires a tract to be used only for residential development is not enforceable by complainant owners...

The art of the holiday schmooze.(business talks)
December 19, 2005... Byline: Bill Ibelle (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication).Small-talk. The very name implies insignificance. So why would anyone who has already mastered the art of big-talk -...

Commentary: Still using a fax machine? Why not fax from your PC?
December 19, 2005... Byline: Rick Edvalson (This article originally appeared in the Idaho Business Review, Boise, ID, another Dolan Media publication). My family likes trivia games. While I can usually hold my own in games of words and strategy, trivia is...

New lawyer is the first from Tangier Island.
December 19, 2005... Byline: Brent Baldwin Tangier Island is known for its talkers, so it's about time that a lawyer came from there. The small historic island (population: 604) is located about 14 miles into the Chesapeake Bay and is reachable only by...

Newport News circuit judgerules motorcycle helmet law held unconstitutional.
December 19, 2005... Byline: Alan Cooper A Newport News circuit judge has ruled the state law that sets standards for motorcycle helmets is unconstitutionally vague. Virginia Code Sect. 46.2.910 requires bikers to wear helmets that "meet or exceed the...

U.S. Court Of Appeals Case Summaries: December 19, 2005.(Wendt v. Leonard)(Emery v. Roanoke City School Board)(McKinney v. Richland County Sheriff's Dep't )
December 19, 2005... Byline: Virginia Lawyers Weekly Staff Attorneys Attorney's Fees - Sect. 1988 - Jurisdiction Although a South Carolina district court held that under the Tax Injunction Act, 28 U.S.C. Sect. 1341, it had no jurisdiction to consider...

Verdicts & Settlements(December 19, 2005): Fall at Newport News hospital nets $1M verdict.
December 19, 2005... Byline: Alan Cooper A Newport News Circuit Court jury had a different of view of a fall by an elderly woman at Riverside Regional Medical Center than that of Carolyn P. Oast, the hospital's attorney. "I can't believe the mountain that...

Savings clause proposed for new 2007 Code in Viginia.
December 19, 2005... Byline: Deborah Elkins Eight months into its revision of the Code, the Virginia Code Commission has turned its attention to a key element intended to ease the transition to the reorganized and renumbered 2007 Code: a savings clause. ...

VA SCC OKs payment to Reciprocal of America policyholders.(State Corporation Commission)
December 19, 2005... Byline: Alan Cooper The State Corporation Commission approved last week the payment of as much as $77.5 million to policyholders of Reciprocal of America. The SCC order authorizing a 17 percent distribution to the ROA policyholders...

Commentary: To Google or not to Google? Different Web research tactics.
December 19, 2005... Byline: Diane Duffey (This article originally ran in The Wisconsin Law Journal, Milwaukee, Wisconsin, another Dolan Media publication).It is very common to hear people make plans to address their information needs by "Googling," that is,...

Verdicts & Settlements December 26, 2005: Judge won't permit man's testimony on child sex abuse.(Brown v. Brown)(Brief Article)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff A trial judge ruled in a pendente lite hearing on the issues of visitation and custody that an art therapist who was a licensed professional counselor could not testify as an expert in evaluating...

VA Lawyers in the News: December 26, 2005.(Todd Preti joins Midgett & Preti PC)(Paul Hagen appointed as chairman of Environmental Law Institute)(Jenifer Shirey appointed at Carr & Porter)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Effective Jan. 1, Todd Preti joins John T. Midgett as shareholder in the law firm of Midgett & Preti PC in Virginia Beach. Preti, a graduate of Randolph-Macon College, earned his law degree from...

Verdicts & Settlements December 26, 2005: Jury returns $221,305 verdict following rear-ender.(McComb. v. Nava-Vazquez)(Brief Article)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff The plaintiff, an off-duty Henrico County police officer, was rear-ended by the defendant while stopped at a traffic light. Injuries included an A/C joint separation caused by the seat belt shoulder...

Verdicts & Settlements December 26, 2005: Doctor prevails in suit brought after cancer treatment.(Trout v. Maddux)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff The middle-aged female plaintiff was diagnosed with anal carcinoma, and after undergoing a biopsy and excisional surgery to remove the lesion, the cancer returned within a relatively short period of...

Verdicts & Settlements December 26, 2005: Conspiracy claims dismissed on demurrer.
December 26, 2005... Byline: Virginia Lawyers Weekly Staff K&M brought a declaratory judgment action seeking to have approved certain contemplated actions regarding minority shareholders. Respondent minority shareholders filed a cross-bill seeking dissolution...

Verdicts & Settlements December 26, 2005: Suit over failure to warn of impotence fails.(Myers v. Ramirez)(Brief Article)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff, 41, suffered from familial adenomatous polyposis. After a colon resection in 1982, he continued to suffer polyps in the remaining rectal tissue. The colon-rectal surgeon recommended an...

Verdicts & Settlements December 26, 2005: Doctor, PC get motions to strike in baby's death case.(Carter v. Miller)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Ms. Carter, with support of her mother and sister, contended that she had called Dr. Miller's office over the course of five days to report decreased fetal movement. She alleged that the nurse...

Verdicts & Settlements December 26, 2005: Doctor prevails in failure-to-diagnose case.(Feazell v. Leavell)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Mr. Feazell, 56, presented to Dr. Leavell with a several month history of nausea, vomiting, diarrhea and weight loss. Dr. Leavell undertook an extensive work up of the gastrointestinal problem over the...

Verdicts & Settlements December 26, 2005: Landowner prevails in Bland County taking case.(Bland County, Virginia v. Thompson)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Bland County condemned 20.84 acres for the construction of a new sewer plant in the Bastian community. The take left two sections of the landowner's property isolated from the main body of retained...

Troutman Sanders LLP adds associates at its Richmond and Tysons Corner offices.
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Troutman Sanders LLP has added eight new associates to its Richmond office: Elizabeth S. Anderson, who joins the commercial development and real estate investments practice group. She is a graduate...

U.S. Court of Appeals Case Summaries: December 26, 2005.(Collier v. U.S)(Stone v. Duke Energy Corp.)(Vinson v. True)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Priority Claims - IRS Lien - Ch. 7 Where a judgment debtor obtained her judgment before the IRS recorded a tax lien, but recorded the judgment in West Virginia after the tax lien,...

Ney, Wetsel backed by 4 bars for VA appeals court.(Virginia)
December 26, 2005... Byline: Alan Cooper The Virginia State Bar and the Virginia Bar Association have endorsed the same candidates for judicial vacancies on the U.S. District Court in Alexandria and the Virginia Court of Appeals. The two largest statewide...

Virginia State Bar Counsel Williams to leave VSB Jan. 31.(Barbara Ann Williams)
December 26, 2005... Byline: Alan Cooper Virginia State Bar Counsel Barbara Ann Williams will step down at the end of January to become a partner and deputy general counsel at McGuire-Woods LLP. In announcing Williams' resignation to the VSB staff and...

Three largest VA bars seeking court-appointed pay hike, not happy with Gov. Warner.(Virginia)
December 26, 2005... Byline: Alan Cooper Representatives of the three largest statewide bar groups had met with the staff of Gov. Mark R. Warner to emphasize the need for a substantial increase in state money for the representation of indigent criminal...

Virginia circuit court civil actions will have one form as of Jan. 1.
December 26, 2005... Byline: Alan Cooper Motion for Judgment. Bill of Complaint. Every civil case in a Virginia circuit court has had one of those titles for decades. No more. Well, probably more than a few times until lawyers get the message...

D.C. Circuirt Court rules lawyers not required to send privacy notices to clients.
December 26, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Lawyers who handle financial information are not required to send privacy notices to their clients, the U.S. Court...

U.S. District Court VA Eastern Case Summaries: December 26, 2005.(Virginia )
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Jurisdiction - Foreign Judgment - Amount In Controversy Where a plaintiff seeks to enforce judgments entered against defendant from courts in France and Monaco, plaintiff has...

Virginia Court of Appeals Case Summaries: December 26, 2005.
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Criminal A&B - Law Enforcement Officer - Navy Police A woman who assaulted two U.S. Navy police officers cannot be convicted of felony assault and battery of law enforcement officers under Va....

Virginia Circuit Court Case Summaries: December 26, 2005.
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Contract Lottery Winnings - Assignment - Security Interest A woman who won the Virginia Lottery in 1996, giving her lifetime payments of $1,000 per month, and who assigned a security interest...

Hunton & Williams attorney Allen C. Goolsby updates text on corporate law.
December 26, 2005... Byline: Brent Baldwin Hunton & Williams attorney Allen C. Goolsby knows corporate law in Virginia. In fact, you could say he wrote the book on it. A principal author of the Virginia Stock Corporation Act, Goolsby recently released...

Verdicts & Settlements December 26, 2005: Doctor wins claim over failure to perform exam.(Brief Article)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff, age 75, alleged that the surgeon was negligent in failing to perform a cholangiogram (a radiology examination of the bile ducts) after the surgeon observed a large cystic duct during a gall...

Verdicts & Settlements December 26, 2005: Claims from tractor-trailer wreck settle.(Brief Article)
December 26, 2005... Byline: Virginia Lawyers Weekly Staff On Sept. 22, 2004, John Bower was driving a 1974 Dodge dump truck eastbound on Route 360 in Amelia County. David Watley was the front seat passenger in the dump truck. The dump truck was struck in the...