Virginia Lawyers Weekly articles from February 2004

Virginia Lawyers Weekly archives from February 2004

Senate committee refuses to advance legislation to allow prisoners to file lawsuits for sexual abuse.
February 2, 2004... Byline: Virginia Lawyers Weekly Staff A Senate committee refused to advance legislation last Monday that would allow prisoners greater flexibility to file lawsuits alleging they've been sexually abused or raped. The Senate Courts of...

Verdicts & settlements February 2, 2004: auto negligence suit results in $1.7M settlement.(Houston v. Young and Shively Electric Company)
February 2, 2004... Byline: Virginia Lawyers Weekly staff Defendant electrician was unable to stop on wet two-lane roadway when he came around a curve and saw a car stopped to make a left turn. Defendant said he didn't recall seeing any turn signal on the car...

Verdicts & settlements February 2, 2004: Virginia illegal detention suit mediated for $50K.(Dixon v. Morris, Knott and Davidson)(Brief article)
February 2, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was walking to work in Harrisonburg when he was stopped and detained by three Harrisonburg police officers, who were reportedly investigating a complaint from an off-duty officer that there...

U.S. Court Of Appeals case summaries: February 2, 2004.
February 2, 2004... Byline: Virginia Lawyers Weekly staff Civil Rights Excessive Force - Unlawful Arrest - FBI Agent's ID Although the district court did not err in granting defendants summary judgment on the claim of plaintiff, an African-American...

U.S District Court of Virginia case summaries: February 2, 2004.
February 2, 2004... Byline: Virginia Lawyers Weekly staff Constitutional Illegal Aliens - Higher Education - Anonymous Plaintiffs Five illegal aliens who wish to enroll in defendant Virginia colleges and universities may not pursue their...

Virginia Court Of Appeals case summaries: February 2, 2004.
February 2, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Elder Abuse - Deteriorating Condition Under the totality of the evidence of defendant's care for her 83-year-old mother, who suffered from Parkinson's disease, including the extreme...

Virginia Circuit Court case summaries: February 2, 2004.
February 2, 2004... Byline: Virginia Lawyers Weekly staff Administrative District Courts Committee - Work Week Where a general district court judge filed suit against Virginia administrators of the judiciary challenging a revision to a judge's manual...

Virginia General Assembly could make it legal to buy spirits on Sunday afternoons.(Brief article)
February 2, 2004... Byline: Virginia Lawyers Weekly staff You'll be able to go to an Alcoholic Beverage Control store in Northern Virginia or Hampton Roads on a Sunday afternoon, if a bill making its way through the General Assembly is adopted. The...

A grand jury charges Cincinnati woman for murder and aggravated murder of her husband.(Brief article)
February 2, 2004... Byline: Virginia Lawyers Weekly staff Here's something straight out of "Weekend at Bernie's." Don't remember that one? A 1989 not-so-classic. Couple of guys cart around a dead guy, passing him off as still among the living. Up in...

Charleston West Virginia inmate tries to escape and gets stuck in a small window for four hours.(Robert Anthony Hill)(Brief article)
February 2, 2004... Byline: Virginia Lawyers Weekly staff Instead of going over the wall, an inmate at a jail in Charleston, W.Va., tried to go through it and instead got stuck for about four hours in a window only 6 inches wide and 3 feet tall. "He was...

N. Carolina boy jailed on $15K bail after fleeing to elude arrest and driving with a revoked license.(Brief article)
February 2, 2004... Byline: Virginia Lawyers Weekly staff Couple of good old boys, ages 17 and 20, are tooling around Salisbury, N.C. Unfortunately, they're tooling just a little too fast - at about 67 mph in a 45 mph zone. You can see and hear it...

Virginia court passes bill giving felons unlimited time to produce evidence proving their innocence.(Brief article)
February 2, 2004... Byline: Virginia Lawyers Weekly staff The Senate Courts of Justice Committee unanimously passed a bill last Wednesday that would give convicted felons unlimited time to produce newly discovered evidence that clearly shows innocence. ...

Virginia approves resolution urging U.S. Congress to propose an amendment protecting marriage.
February 2, 2004... Byline: Virginia Lawyers Weekly staff The Virginia House of Delegates overwhelmingly approved a resolution Jan. 23 urging the U.S. Congress to propose a constitutional amendment protecting the sanctity of marriage. Although Virginia...

Virginia senate endorses legislation requiring political parties to nominate governor candidates.
February 2, 2004... Byline: Virginia Lawyers Weekly staff A Senate committee endorsed legislation last Tuesday requiring political parties to nominate their candidates for governor, lieutenant governor and attorney general in a statewide primary. However,...

Little Mary Washington school board visitors in Virginia ask General Assembly for a name change.
February 2, 2004... Byline: Virginia Lawyers Weekly staff Little Mary Washington is growing up, from a college to a university, and that brought growing pains last Tuesday, specifically when it came to deciding on the proper name for the state-supported...

Virginia Senate kills legislation to make it illegal to record conversations without consent.
February 2, 2004... Byline: Virginia Lawyers Weekly staff A Senate committee last Monday killed legislation that would have made it illegal to record a conversation without first getting the other person's consent. Sen. R. Creigh Deeds, D-Bath County,...

Virginia bill would allow vehicle inspections every other year.
February 2, 2004... Byline: Virginia Lawyers Weekly staff If you own a car and live in Virginia, you go through the ritual every year: Drive to an auto service center, have the vehicle inspected for safety problems, and hopefully drive away with a fresh...

Virginia House Committee kills bill seeking cheaper prescription drugs.
February 2, 2004... Byline: Virginia Lawyers Weekly staff A House committee has killed legislation that would have allowed the state to purchase inexpensive prescription drugs from Canada. Del. Richard H. Black's proposal, House Bill 190, would have...

Motorcyclist hit by school bus settles for $7.5M.
February 2, 2004... Byline: Matthew Philips A motorcyclist who suffered a brain injury after he was hit on the helmet by the mirror on a passing school bus has mediated his claim against the driver and the school board for $7.5 million. A key issue in the...

U.S. Court of Appeals, 4th Circuit rules debtor to get her car back.
February 2, 2004... Byline: Paul Fletcher A Chapter 13 debtor whose car was repossessed by a finance company is entitled to get her car back, the 4th U.S. Circuit Court of Appeals has ruled. In her reorganization plan, the debtor exercised her right to...

Virginia's magistrates study offers proposals to reform system.
February 2, 2004... Byline: Deborah Elkins Virginia's magistrates are the judicial officers who stand at the threshold of the criminal justice system in the commonwealth. Police officers seeking warrants and defendants who want to make bail appear before...

Republican legislators in VA continue honing judicial selection plan.
February 2, 2004... Byline: Virginia Lawyers Weekly Staff Republican legislators are continuing to reform the process of judicial selection and evaluation in the General Assembly. Through a rule change in the election process in the House of Delegates,...

Verdicts & Settlements February 2, 2004: Woman Settles Claim For Misdiagnosed Cancer.
February 2, 2004... Byline: Virginia Lawyers Weekly Staff On Sept. 10, 1998, Mary Doe underwent an exploratory laparotomy at the hands of a local surgeon in Page County, with the removal of a well-differentiated adenocarcinoma from her colon. The areas of...

Verdicts & Settlements February 2, 2004: Motorcyclist hit by bus settles for $7.5M.
February 2, 2004... Byline: Matthew Philips A motorcyclist who suffered a brain injury after he was hit on the helmet by the mirror on a passing school bus has mediated his claim against the driver and the school board for $7.5 million. A key issue in the...

Virginia doctors march on state Capitol to protest rising malpractice insurance premiums.
February 9, 2004... Byline: Matthew Philips The fight over tort reform picked up steam last week as close to 3,000 Virginia doctors marched on the Capitol to protest rising malpractice insurance premiums. Closing four blocks of East Grace Street in...

Roanoke Circuit judge rules use of automatic stay bars limitations plea.
February 9, 2004... Byline: Paul Fletcher Even though a wrongful death suit was filed two months after the original statute of limitations passed, the administratrix of the dead man can pursue her claim, a Roanoke Circuit judge has ruled in a case of apparent...

U.S. District Court VA Eastern Case Summaries: February 9, 2004.
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Immigration Fraud - Sentencing Enhancement An Egyptian-born banker who became a naturalized American citizen loses his citizenship after his conviction for procurement of his own...

Virginia Court of Appeals Case Summaries: February 9, 2004.
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Retirement Benefits - Service Of Process - Disability Benefits Where claimant, who is challenging the Virginia Retirement System's denial of disability retirement, concedes that...

Two cousins charged with dumping a dead cow in parking lot of Culpeper County office building.(Column)
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Continuing the semi-musical theme of this week's column, here's an item that may leave you humming a little ditty from the '70s by folk troubador Loudon Wainwright III. Yes, "Dead Skunk in the...

Virginia Circuit Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Contract Government Contract - Damages In this litigation between plaintiff consultant firm and defendant, a business that hired the consulting firm to aid it in obtaining government...

Federal judge sees irony in Egyptian-born banker who benefited from U.S. due process protections.
February 9, 2004... Byline: Virginia Lawyers Weekly Staff That was the line of a Canadian chanteuse who enjoyed pop stardom in the states several years ago. That same line occurred recently to a federal judge in Alexandria, when he was confronted with an...

New father uses software approach to name his newborn son.(Brief article)
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Parents in Virginia love to continue family names. You can hardly walk through a crowd here and not bump into a man who may have Jr. or III tacked on to his name. This is especially true of...

VA Lawyers in the News: February 9, 2004.(Joseph A. Perini joins Meyer, Goergen & Marrs)(Lori E. Jones joins Johnson, Ayers & Matthews)(Brandy M. Poss joins Barnes & Batzli)(Virginia )
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Richmond lawyer Jennifer Borum was named volunteer of the year for 2003 by Big Brothers Big Sisters Inc. for her pro bono work on behalf of the group. Borum represented BBBS last summer in a...

Verdicts & Settlements February 9, 2004: Woman awarded $100,000 for cracking tooth at TGI Friday's.(Windham v. TGI Friday's Inc)(products liability case)(Brief article)
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was eating at a TGI Friday's restaurant in Willow Grove, PA. when she bit down on a stone in her salad and suffered two cracked teeth. The plaintiff underwent two root canals and an...

Verdicts & Settlements February 9, 2004: Truck driver awarded $25,000 in automobile negligence suit.(Tyson v. Estate of Humphrey)(Brief article)
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff, a female tractor-trailer driver, was forced off the road by the defendant driver, who disregarded a stop sign when entering Military Highway from the Interstate. Plaintiff initially received...

Verdicts & Settlements February 9, 2004: Defense verdict in suit over dosage of Amioderone.(medical malpractice case )
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff had a long and complex medical history which included coronary artery disease, hypertrophic cardiomyopathy, atrial flutter and atrial fibrillation. He had numerous procedures over the years...

U.S. District Court Rules Movers Can Be Sued For Damage To Home.
February 9, 2004... Byline: Deborah Elkins A Charlottesville couple whose home allegedly was damaged by movers during a move from Washington, D.C., can sue the moving company for negligence, a U.S. District Judge in Charlottesville has ruled. Although the...

Virginia Court Case Summaries: February 9, 2004.
February 9, 2004... Byline: Virginia Lawyers Weekly Staff Administrative FOIA - Postal Service Contract The U.S. Postal Service was not required under the Freedom of Information Act to turn over to an unsuccessful contract bidder 13 pages of...

State fund would insure high-risk docs, hospitals.
February 16, 2004... Byline: Matthew Philips The Senate Courts of Justice Committee has approved a proposal that would put the onus on the state to cover the costs of malpractice insurance for high-risk doctors and sole community hospitals. As a result,...

Virginia's Western District judges seek public defender office.
February 16, 2004... Byline: Matthew Philips Efforts are under way to establish a federal public defender's office in the Western District in Virginia by 2005. According to Chief Judge Samuel G. Wilson, a proposal has been sent to the Judicial Council of...

RICO and fraud suit filed as fallout over ANLIR failure continues.(American National Lawyers Insurance Reciprocal, Reciprocal of America sued)
February 16, 2004... Byline: Deborah Elkins Lawyers in Virginia heard the other shoe drop last week when Tennessee Insurance Commissioner Paula Flowers filed a federal racketeering lawsuit in Tennessee against Reciprocal of America and related companies to...

Roanoke Circuit judge rules doctor, her professional corporation could not conspire.(Softwise Inc. v. Rana Goodrich, M.D., P.C.)
February 16, 2004... Byline: Paul Fletcher A medical billing company whose services were terminated by a doctor cannot bring a conspiracy claim against the doctor and her professional corporation, a Roanoke Circuit judge has ruled. The doctrine of...

Virginia Lawyers in the News: February 16, 2004.(Todd A. Leeson joins Gentry Locke Rakes & Moore)(Bryan A. Fratkin joins McGuireWoods LLP)(Sharon E. Pandak receives award)
February 16, 2004... Byline: Virginia Lawyers Weekly Staff Todd A. Leeson has joined the law firm Gentry Locke Rakes & Moore in Roanoke as a partner in its employment and litigation section. He has practiced in the Roanoke Valley since 1991. *** ...

U.S. Court of Appeals Case Summaries: February 16, 2004.
February 16, 2004... Byline: Virginia Lawyers Weekly Staff Employment ERISA - Disability Benefits - Long-Term - IBS Although plaintiff, a nuclear fuels engineer who suffered from chronic abdominal pain and irritable bowel syndrome (IBS), continued to...

U.S. District Court VA Eastern Case Summaries: February 16, 2004.
February 16, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Venue - Government Contract - Surety Where a performance surety, a New Hampshire company with its principal place of business in Massachusetts, issued a performance bond on a...

U.S. District Court VA Western Case Summaries: February 16, 2004.
February 16, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Improper Joinder - TV Signal Theft Devices - Buyer Group Where plaintiff tv satellite broadcast system is suing individuals across the country for their alleged involvement in...

Virginia Court of Appeals Case Summaries: February 16, 2004.
February 16, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Revocation Of Suspended Sentence - Nunc Pro Tunc Order A trial court did not err in revoking a portion of defendant's suspended sentence for grand larceny. On appeal, defendant...

High-risk docs' insurance plan passes Virginia Senate.(medical malpractice insurance law)
February 23, 2004... Byline: Matthew Philips A bill that gives Virginia's community hospitals and high-risk physicians the opportunity to seek malpractice insurance through the state has unanimously passed the Senate and is now in the hands of the House of...

4th U.S. Circuit Court of Appeals rules credit-card company's review 'unreasonable'.(Johnson v. MBNA America Bank NA)(credit card debt case)(Case overview)
February 23, 2004... Byline: Deborah Elkins A credit-card company violated the Fair Credit Reporting Act when it failed to adequately investigate a consumer's complaint that she was not liable on a credit card belonging to her husband, the 4th U.S. Circuit...

Western District orders e-filing by December.
February 23, 2004... Byline: Paul Fletcher Starting late this year, any lawyer filing any documents in the Western District of Virginia must do so electronically unless given permission by the judge, under a new standing order entered by the district's judges....

U.S. Court of Appeals Case Summaries: February 23, 2004.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Patent Office - Advertising Campaign - Final Agency Action A company that complains that the Patent & Trademark Office's advertising campaign alerting the public about...

U.S. District Court VA Western Case Summaries: February 23, 2004.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Bankruptcy Administrative Expense Claim - Coal Act - Union Plan Creditor - Ch. 7 A bankruptcy court did not err in holding that 26 U.S.C. Sect. 1399 mandates the conclusion that the chapter 7...

Just say oink: barbeque joint's pig sign offends county official.(Brief article)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Remember a couple of "Hearsay" items a few years ago about a guy in Moneta who was sparring with the local zoning board because he had a big chicken advertising his mini-golf course? Locals rallied...

Psst, wanna buy a Web site?: www.whitehouse.com up for sale.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Ever surf over to Whitehouse.com? A bit of advice: Don't do it from the office. This site doesn't take you to the presidential home. It takes you to a porno site. Just ask any schoolkid who...

Commentary: There they go again.(indecent and deplorable performance by Janet Jackson and Justin Timberlake)(Column)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff This column had resolved to stay away from the Janet Jackson breast-baring stunt at the Super Bowl earlier this month, but sometimes the actions of those guys on the Hill force us to write about stuff...

Virginia whistleblower wins case under Sarbanes-Oxley Act.(David E. Welch v. Cardinal Bankshares)(whistleblowing case)(Case overview)
February 23, 2004... Byline: Deborah Elkins A Virginia bank holding company that fired its chief financial officer after he reported alleged faulty accounting practices violated "whistleblower" protections of the federal Sarbanes-Oxley Act, an administrative...

Univ. of Virginia Hospital med-mal case verdict won on consent issue.(James Marshall 'Mark' Law v. Gross)(medical malpractice case)(Case overview)
February 23, 2004... Byline: Matthew Philips A boy who was injured by a resident surgeon during an operation the boy's mother thought was being performed by the hospital's chair of ENT surgery, has been awarded $750,000 by a Charlottesville jury. The...

Verdicts & Settlements Feb. 23, 2004: Charlottesville jury awards $750,000 in med-malpractice suit.(James Marshall "Mark" Law v. Gross )(medical malpractice case)(Case overview)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff In January 1998, James Marshall "Mark" Law was 14 years old, and suffered from cystic fibrosis. "CF" causes chronic, substantial production of very thick and heavy mucus in the sinuses and air...

Verdicts & Settlements February 23, 2004: Wrongful arrest suit mediated for $50,000.(Dixon v. Morris, Knott and Davidson)(obstruction of justice case)(Brief article)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was walking to work in Harrisonburg when he was stopped and detained by three Harrisonburg police officers, who were reportedly investigating a complaint from an off-duty officer that there...

Verdicts & Settlements February 23, 2004: Fairfax judge rules for defendant due to indictment error.(Commonwealth v. Martey)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff The defendant was accused of stealing jewelry while working as a caretaker for an elderly couple. The commonwealth introduced evidence at trial that the defendant had cared for the elderly mother, prior...

Virginia Lawyers in the News: February 23, 2004.(Jane Allen Fletcher joins Virginia State Bar)(Hugh B. Wellons joins as chairman of American Bar Association)(Todd J. Preti joins Midgett & Rack)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Jane Allen Fletcher has become Counsel to the Client Protection Fund Board at the Virginia State Bar. Fletcher, who has been with the VSB's Office of Bar Counsel since 1989, had been serving as...

Judge James C. Roberson passes away in Charlottesville.(Obituary)(Brief article)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Retired Wise County Circuit Judge James C. Roberson died at his home in Charlottesville on Jan. 16. He was 75. A 1952 graduate of the University of Virginia, Judge Roberson earned his law degree...

Former Danville City Councilman John W. Carter dies.(Obituary)(Brief article)
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Former Danville City Councilman and lawyer John W. Carter died at Feb. 9. He was 82. Mr. Carter practiced law in Danville for nearly 50 years and served on Danville City Council from 1958 to 1974....

Virginia Circuit Court Case Summaries: February 23, 2004.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Corporate Conspiracy - Doctor's P.C. - Intracorporate Immunity A medical billing company whose services were terminated by a doctor cannot bring a conspiracy claim against the doctor and her...

Commentary: Eight E-mail Mistakes That Make You Look Bad.
February 23, 2004... Byline: Kim Komando I get an awful lot of email. Sometimes, people are looking for help with their computers. Some of it is fan mail. Other folks are mad about something I said or wrote. Add to this the barrage of press releases and an...

Virginia Court of Appeals Case Summaries: February 23, 2004.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Auctioneers Board - License Suspension - Misrepresentation Of Goods Although only three of five authorized members of the Auctioneers Board voted to impose monetary penalties and...

The Dead Culpeper Cow, Part II: Case is now closed.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff They closed the books on The Culpeper Cow Caper Feb. 5, when the two guys who dumped a dead Black Angus cow in the parking lot of the Culpeper County administrative building in the middle of the night...

Doctors vs. Lawyers.
February 23, 2004... Byline: Matthew Philips Doctors and lawyers. The two groups haven't always been the best of friends. For one thing, lawyers sue doctors in medical malpractice cases. And the two groups have duked it out in the General Assembly with...

Virginia Bankruptcy Court Case Summaries: February 23, 2004.
February 23, 2004... Byline: Virginia Lawyers Weekly Staff Bankruptcy Interim Distribution - Standing - Ch. 7 The majority shareholder of debtor corporation, an affiliate of the Home Shopping Network, does not have standing to appeal an order of the...