Virginia Lawyers Weekly articles from February 2003

Virginia Lawyers Weekly archives from February 2003

Commentary: Risk Management.
February 3, 2003... Byline: Emily J. Eichenhorn Cell phones, personal computers and e-mail are wonderful tools for helping lawyers increase productivity, communicate more frequently and manage their businesses. Unfortunately, technological innovation also has...

Reciprocal Of America Is Put Into Receivership By Richmond Circuit Judge.
February 3, 2003... Byline: Dawn Chase Reciprocal of America, one of the top 25 insurers of hospitals in the United States and the primary reinsurer of American National Lawyers Insurance Reciprocal, was put into receivership last Wednesday by a Richmond...

No Fraud Claim For Lawyer In Mediation, Rules Roanoke City Circuit Judge.
February 3, 2003... Byline: Deborah Elkins A Lynchburg communications company cannot sue a Roanoke law firm and one of its lawyers on a "conclusory allegation" that the firm misrepresented information about a sublease during a court-ordered mediation, a...

Circuit Clerks In Virginia Condemn Bill On Records On Internet.
February 3, 2003... Byline: John D. Tuerck Circuit court clerks are up in arms over a bill that would require the deletion of personal information from public records posted on the Internet. Sponsored by Del. Samuel A. Nixon Jr., R-Chesterfield, House...

U.S. District Court VA Eastern Case Summaries: February 3, 2003.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Admiralty Contract - Docking Maneuver Allision - Liability Limitation In this litigation arising from the in rem defendant container ship's striking of a terminal during a docking maneuver, in...

Verdicts & Settlements February 3, 2003: Pedestrian Suffers Leg Fracture In Hit-And-Run Accident.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff, 14, was walking along the left shoulder of a secondary road in Botetourt County during the day when the defendant's vehicle,...

Verdicts & Settlements February 3, 2003: Landscaper Struck By Pickup Truck.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff was a 25-year-old employee of a landscaping company, working on the sidewalk at Virginia Commonwealth University. He was...

U.S. 4th Circuit Court of Appeals Case Summaries: February 3, 2003.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Separate Robbery Conviction A North Carolina defendant sentenced to death for the first-degree felony murder of a convenience store owner is not entitled to a writ of...

U.S. District Court VA Western Case Summaries: February 3, 2003.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Civil Rights Excessive Force - Prisoner Restraints - Cell Searches Three defendant correctional officers are not entitled to summary judgment on plaintiff inmate's complaint alleging injuries...

SCC Acts Cloud Future Of Malpractice Carrier.
February 3, 2003... Byline: Dawn Chase American National Lawyers Insurance Reciprocal, once the dominant liability insurer of lawyers in Virginia and a significant player in several other states, is in limbo as a result of a recent state takeover of its...

Virginia Legal Obituary: William F. Parkerson Jr.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff William F. Parkerson Jr., a lawyer who represented Henrico County in the Virginia Senate for 22 years, died Jan. 23. He was 82. He earned his undergraduate degree in 1941 from the University of...

Virginia Court of Appeals Case Summaries: February 3, 2003.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Attempted Robbery - Malicious Wounding - Inconsistent Verdict There was sufficient evidence to convict defendant for his participation in attempted robbery and malicious wounding, and...

Verdicts & Settlements February 3, 2003: Shipyard -- Breach Of Warranty.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Type of Case -- Products Liability Other Useful Information -- This was the first phase of a consolidated trial involving the claims of 1,296 employees of the Newport News Shipbuilding and Dry...

U.S. Bankruptcy Court Case Summaries: February 3, 2003.
February 3, 2003... Byline: Virginia Lawyers Weekly Staff Bankruptcy Administrative Claim Allowance - Ch. 11 A surety that had to complete public improvements on debtor's mixed-use development in Prince William County is not entitled to payment of...

Virginia's Budget Burdens Felt In Fairfax.
February 10, 2003... Byline: John D. Tuerck Like virtually every recipient of state funds, the Fairfax County court system keenly feels the impact of the state's budget mess. But judges there say that even with little prospect of relief, the system is...

Expert Opinion Excluded For Late Disclosure, Rules 4th Circuit.
February 10, 2003... Byline: Deborah Elkins A plaintiff's expert who, two days into trial, changed his mind about the composition of allegedly defective paint could not testify as to his reformulated opinion under federal discovery rules, the 4th U.S. Circuit...

Virginia Court of Appeals Case Summaries: February 10, 2003.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Continuance - Appeals - Rule 5A:18 Although defendant contends the trial court erred during his cocaine trial in granting the commonwealth a continuance related to submission of the...

Verdicts & Settlements February 10, 2003: Passenger Suffers Fractures And Lacerations In Collision.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- On Jan. 19, 2002, the plaintiff, then 21, was involved in a collision on Route 10 in Chesterfield County. The plaintiff was a passenger in a...

Verdicts & Settlements February 10, 2003: Collision With Teenage Driver -- Spinal Contusion.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The accident occurred when the 16-year-old defendant tried to make a left turn from Route 460 onto Route 156 in Prince George County. The...

10 'Biggest' Defense Verdicts In Virginia Of 2002.
February 10, 2003... Byline: John D. Tuerck Last month Virginia Lawyers Weekly published the "Largest Verdicts of 2002," our annual compilation of million-dollar verdicts in Virginia. Choosing the biggest plaintiff's victories is an easy task -- just do...

U.S. Bankruptcy Court Case Summaries: February 10, 2003.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Bankruptcy Involuntary Petition - Ch. 7 - Trustee's Property Recovery Where a bank and other creditors filed an involuntary bankruptcy petition against debtor engineering company, and now seek...

Verdicts & Settlements February 10, 2003: Horse In Roadway -- Fractured Jaw.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff was operating his vehicle on a two-lane road at dawn when a horse appeared on the roadway as the plaintiff rounded a curve....

Verdicts & Settlements February 10, 2003: Head-On Collision With Drunk Driver.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- After consuming at least the equivalent of eight drinks, the defendant drove onto the exit ramp of Interstate 264 and collided almost...

Supreme Court of Virginia Chief Justice Harry L. Carrico Emphasizes Pro Bono.
February 10, 2003... Byline: Paul Fletcher Chief Justice Harry L. Carrico retired from the Supreme Court of Virginia on Jan. 31 after 42 years of service. And on Jan. 16, he gave one of his last public speeches as chief when he was the featured...

McDonnell To Seek Money For Virginia Judicial Evaluation Plan.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Del. Robert F. McDonnell, the Virginia Beach Republican who presided as the House Courts of Justice Committee sat in judgment over a Court of Appeals judge last month, wants to make some adjustments to...

U.S. 4th Circuit Court of Appeals Case Summaries: February 10, 2003.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Expert Testimony - New Opinion Excluded In this lawsuit by plaintiff rack company alleging defendant paint company's paint was defective because it rubbed off on the rack...

Verdicts & Settlements February 10, 2003: Myocardial Infarction -- Heart Damage.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Medical malpractice Other Useful Information -- The plaintiff contended that the defendant was negligent in failing to diagnose myocardial ischemia or infarction when the...

Verdicts & Settlements February 10, 2003: Exposed Metal Studs Embedded In Sidewalk.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff tripped and fell on exposed metal studs embedded in a sidewalk after the removal of a weather enclosure at a VDOT commuter lot...

'Involuntary Intoxication' Defense Beats DUI Charge, Rules Fairfax General District Judge.
February 10, 2003... Byline: John D. Tuerck A Fairfax general district judge has dismissed a DUI charge against a man who was unaware that the drug Paxil, in combination with alcohol, could make him intoxicated. The man was taking Paxil, an...

American National Lawyers Insurance Reciprocal In Receivership, Status Of Claims Unknown.
February 10, 2003... Byline: Dawn Chase American National Lawyers Insurance Reciprocal -- the largest provider of legal malpractice insurance in Virginia -- has been put into receivership in Tennessee, where it is domiciled. The action was taken Jan. 31,...

Verdicts & Settlements February 10, 2003: Driver Of Postal Truck Falls Asleep At The Wheel.
February 10, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The driver of the USPS truck, Theodore Washington of Petersburg, fell asleep at the wheel while traveling in the westbound lane of...

U.S. 4th Circuit Court of Appeals Case Summaries: February 17, 2003.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Civil Rights First Amendment - Police Officer's Free Speech - Employee Discipline Where a police chief conditioned the return to work of an officer previously placed on administrative leave on...

Virginia Court of Appeals Case Summaries: February 17, 2003.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Maiming - Driving - Reckless Disregard A defendant who drank alcohol after allegedly ingesting Xanax, and who drove off the road while traveling over 55 mph, causing serious injury to...

Verdicts & Settlements February 17, 2003: Patient With Propensity To Fall.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff's decedent, a 95-year-old woman with a known propensity to fall, was admitted to a nursing home. An inadequate...

Commentary: Practice Manangement.
February 17, 2003... Byline: Stephen Seckler Anyone who reads the professional announcements in this publication knows that partner movement is a reality. No matter what you think about the accelerating rate of change in the profession, it is a fact of life...

Virginia Lawyers In The News: February 17, 2003.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Jennifer L. Wilson has joined the Richmond law firm of Cantor Arkema P.C. She will work in the firm's complex litigation section. She is a 2002 graduate of the T.C. Williams School of Law at the...

Virginia General Assembly Panel Backs 4 For Appeals Court Seat.
February 17, 2003... Byline: Dawn Chase The General Assembly's Joint Judicial Advisory Committee -- a 15-member ad hoc panel of lawyers and nonlawyers that endorses candidates for appellate judgeships -- has given its highest endorsement to four of six...

Verdicts & Settlements February 17, 2003: Minor-Impact Collision - Cervical And Lumbosacral Sprain.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- In this minor-impact accident, the defendant claimed that she merely "tapped" the plaintiff's car. The insurance carrier refused to make an...

Verdicts & Settlements February 17, 2003: Resident Falls From Toilet, Fractures Hip.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff, an 89-year-old resident of the defendant assisted living facility, fell off the toilet and fractured her hip. The plaintiff...

Taking Over Client Was Fiduciary Duty Breach, Rules Virginia Circuit Court Judge.
February 17, 2003... Byline: John D. Tuerck An employee who generated more than $2 million after taking over the work of his employer's client is liable for breach of fiduciary duty and tortious interference, a circuit judge has ruled. The employee, the...

American National Lawyers Insurance Reciprocal Receiver: Lawyers Could Be Personally Liable.
February 17, 2003... Byline: Dawn Chase If American National Lawyers Insurance Reciprocal and two related companies have to be liquidated, their insured lawyers will be personally responsible for paying any malpractice claims against them and defense costs,...

Verdicts & Settlements February 17, 2003: Accident Involving Elderly Woman -- Chronic Pain.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff was in her late 60s at the time of the accident. The plaintiff, her husband and her children testified to the significant...

Lack Of Disclosure Prompts Sanction, Rules Richmond Circuit Court Judge.
February 17, 2003... Byline: Deborah Elkins A woman who sued a pharmacy for giving her the wrong drug must forfeit 25 percent of any recovery in her favor because she gave false answers to discovery, a Richmond Circuit Court judge has ruled. In response to...

Richmond Lawyer Robert J. Grey Backed For ABA President-Elect.
February 17, 2003... Byline: Paul Fletcher Richmond lawyer Robert J. Grey Jr. last Monday was nominated to become President-elect of the American Bar Association this August. He will become President in August 2004. Grey's nomination, made at the ABA's...

Hassell Sworn In As New Chief Justice Of Supreme Court Of Virginia.
February 17, 2003... Byline: John D. Tuerck Before a courtroom packed with family, friends and public officials, Leroy Rountree Hassell Sr. was sworn in as the Chief Justice of the Supreme Court of Virginia last Tuesday. Justice Barbara Milano Keenan...

Virginia Circuit Court Case Summaries: February 17, 2003.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Administrative Liquor License - Restricted License - Hearing The Virginia Alcoholic Beverage Control Board did not act improperly in denying a hearing on a Richmond restaurant's request for a...

Verdicts & Settlements February 17, 2003: Three-Vehicle Collision -- Arthritis In Knee.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- An automobile accident in Brodnax involved three vehicles. The plaintiff was at a stop sign before preparing to pull out onto the eastbound...

Verdicts & Settlements February 17, 2003: Railroad Accident -- Hearing Loss.
February 17, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff was a conductor on a mile-long train carrying military equipment to Fort Bragg in North Carolina. The plaintiff was riding the...

Lawyer says GAL ruling by Va. appeals court creates a 'third parent'.
February 24, 2003... Byline: John D. Tuerck The lawyer for a father embroiled in a visitation dispute is taking his client's case to the Supreme Court of Virginia. His argument in his petition seeking a writ: By sanctioning the continuing appointment of a...

Supreme Court of Virginia OKs special military certification.
February 24, 2003... Byline: Dawn Chase Military lawyers not licensed in Virginia now can obtain a special certificate that allows them to represent low-income service personnel in the state's civilian courts, under a new rule adopted by the Supreme Court of...

U.S. 4th Circuit Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Jurisdiction - Double Jeopardy Claim - Abstention Where plaintiffs are suing a North Carolina state prosecutor under 42 U.S.C. Sect. 1983, seeking to enjoin their state court drug...

Virginia Court of Appeals Case Summaries: February 24, 2003.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Criminal Assault & Battery - Victims Selected For Race - Racial Epithets Evidence of the racial epithets with which defendant insulted two black women as he struck them were sufficient to...

First thing, let's sue all the lawyers: Doctor sues every trial lawyer in West Virginia.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Doctors and lawyers don't always get along. But here's the story of a doctor in Charleston, W.Va., who is suing every trial lawyer in West Virginia. Well, at least every member of the West Virginia...

A crazy little thing called 'evidence' in airline pilot's DUI trial.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff You've heard of DUI? This is a story about FUI. That's right - flying under the influence. In Norfolk, a Delta co-pilot accused of operating a plane under the influence was acquitted in General...

Must have been a bad bunch.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Last 4th of July in Lynchburg, a guy wanted some dope money, so he broke into a salon where he had worked and took about $700. Then he thought he would knock over a 7-Eleven store. That's where he...

Virginia Lawyers In The News: February 24, 2003.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Earl Nance has joined the Richmond law firm of Bowen, Champlin, Carr & Rockecharlie, where he will concentrate in insurance, real estate and corporate/business law. Nance is an Auburn University...

Shopping for replacement legal malpractice coverage.
February 24, 2003... Byline: Dawn Chase The court-ordered receivership of American National Lawyers Insurance Reciprocal earlier this month has raised many questions for the thousands of lawyers the company has insured. Answers about the company's future will...

McClanahan tapped for Virginia Court of Appeals.
February 24, 2003... Byline: Paul Fletcher The General Assembly elected Chief Deputy Attorney General Elizabeth A. McClanahan to a seat on the Virginia Court of Appeals last Wednesday. She will fill the opening created on the intermediate court when Judge...

U.S. District Court VA Eastern Case Summaries: February 24, 2008.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Bankruptcy Lease Assignment - Auto Parts Store - Ch. 11 Although replacing debtor's retail auto parts store with a discount clothing store will affect the "tenant mix" of the Chicago shopping...

Verdicts & Settlements February 24, 2003: $1M Verdict For Tractor Collision.
February 24, 2003... Byline: John D. Tuerck A Southampton County jury has awarded $1 million to a farmer who was struck from behind by an 18-wheeler while riding his tractor. The verdict is reportedly the highest in the history of the rural county of...

Wish we'd written 'em.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Headline writing can be an art, and some wag at Fox News can take credit for a real blue-chipper. Ben Curtis, who played the goofball spokesman Steven in numerous TV ads for Dell Computers ("Dude,...

U.S. District Court VA Western Case Summaries: February 24, 2003.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Attorneys Insurance Application - Known Wrongful Acts A legal malpractice carrier may rescind a policy issued to defendant law partnership on the ground that the partnership falsely...

Virginia Circuit Court Case Summaries: February 24, 2003.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Civil Practice Discovery Sanctions - Lawn Mower Gas Tank - Explosion Although defendant's lack of cooperation with discovery may have prejudiced plaintiff in this lawsuit arising from...

Your Practice: Q&A with lawyer turned marketing consultant.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Editor's Note: The following questions and answers were taken directly from the latest installment of the "Ask the Experts" feature on the Virginia Lawyers Weekly Online Forum. The expert is Ross...

$1M Verdict Sets Southampton Record.
February 24, 2003... Byline: John D. Tuerck A Southampton County jury has awarded $1 million to a farmer who was struck from behind by an 18-wheeler while riding his tractor. The verdict is reportedly the highest in the history of the rural county of...

Virginia General Assembly elects new circuit, district judges.
February 24, 2003... Byline: Dawn Chase In addition to electing the newest member of the Court of Appeals, Elizabeth McClanahan, last Wednesday, the General Assembly also approved new circuit, general district and juvenile and domestic relations judges across...

Woman who hit officer with door 'used' car, rules Alexandria Circuit judge.
February 24, 2003... Byline: Deborah Elkins An uninsured driver who allegedly slammed her car door into a ticket-writing meter maid was "using" her car as a vehicle under Virginia's uninsured motorist statute, an Alexandria Circuit judge has ruled. ...

Richmond law firm, Virginia State Bar face off in federal court.
February 24, 2003... Byline: Dawn Chase A Richmond-based personal injury firm took the Virginia State Bar to federal court last Thursday on its allegation that the agency has stifled the firm's First Amendment rights in a legal ethics opinion involving...

Virginia Legal Obituary: Milton T. Hickman.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Milton Thomas Hickman, a retired lawyer and lumber company owner who spent decades serving on boards and commissions to preserve the Chesapeake Bay, died Feb. 15. He was 93. Mr. Hickman grew up in...

Verdicts & Settlements February 24, 2003: Ship Damaged By Fire -- Causation.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Admiralty Other Useful Information -- The case arose from a fire aboard an 85-foot commercial fishing vessel while she was at the AMPRO Shipyard in Weems. The vessel's hull...

Verdicts & Settlements February 24, 2003: Deck Hand On Tug Boat - Sinus Fracture -- Mild Brain Injury.
February 24, 2003... Byline: Virginia Lawyers Weekly Staff Type of Action -- Negligence Other Useful Information -- The plaintiff was injured while working as a deck hand on the tugboat Buchanan 14 on May 9, 2000. The plaintiff's injuries occurred when he...