Virginia Lawyers Weekly articles from February 2008

Virginia Lawyers Weekly archives from February 2008

Virginia Lawyers in the News: February 4, 2008.(Johnson, Ayers & Matthews PLC)
February 4, 2008... Byline: Virginia Lawyers Weekly Staff Josh D. Goad has joined the Roanoke law firm of Johnson, Ayers & Matthews PLC as an associate attorney. Goad received his law degree from the University of Virginia law school in 2007. He will be...

Virginia's driver fees repealed, refund issue remains.
February 4, 2008... Byline: Paul Fletcher The House of Delegates and the Senate both passed legislation last week to repeal the hated scheme of civil remedial fees for "abusive drivers," but the two still have a way to go: The Senate included a procedure for...

G. Michael Pace Jr. set as new Virginia Bar Assn. head.(Virginia Bar Association)
February 4, 2008... Byline: Sarah Rodriguez Virginia Bar Association President G. Michael Pace Jr. understands that being a lawyer means more than practicing law - it's about practicing service to others. "I have come to realize that the mission of the...

Mediator decertification is a first for Supreme Court of Virginia.(David McDonald)
February 4, 2008... Byline: Deborah Elkins A Hampton Roads mediator is the first court-certified mediator to lose his certification through the Supreme Court of Virginia. A disciplinary committee found that Norfolk mediator David McDonald signed off on...

Circuit judge says developer must pay $60K in sanctions.(Thomas V. Warren)
February 4, 2008... Byline: Alan Cooper Richmond attorney Patrick M. McSweeney insists that he sought to have four Powhatan County residents held in contempt of court because he was trying to find out why the board of supervisors had treated his developer...

In-house lawyer pay under scrutiny in support case before the Virginia Court of Appeals.(Tom A. Broadhead Jr.)
February 4, 2008... Byline: Alan Cooper The departure of a corporate lawyer under what he viewed as an opportunity to leave with dignity does not amount to voluntary underemployment for determining child support. Even if it did, the Virginia Court of...

U.S. Court Of Appeals Case Summaries: February 4, 2008.
February 4, 2008... Byline: Virginia Lawyers Weekly Staff Admiralty COGSA - Cargo Damage In this controversy arising from the transport of seven Halversen aircraft loaders (K-loaders) by plaintiff Maersk Line Ltd. from Charleston, S.C. to Thumrait,...

U.S. District Court VA Eastern Case Summaries: February 4, 2008.(Virginia)
February 4, 2008... Byline: Virginia Lawyers Weekly Staff Civil Procedure Remand To State Court - Consent By All Defendants The district court grants plaintiff's motion to remand her civil rights suit against the Town of Farmville and the Prince...

Virginia Court Of Appeals Case Summaries: February 4, 2008.
February 4, 2008... Byline: Virginia Lawyers Weekly Staff Administrative Contractors' Board Claim - Contractor Fraud A circuit court did not err in dismissing a homeowner's appeal from the denial of his claim by the Board for Contractors under the...

Virginia Circuit Court Case Summaries: February 4, 2008.(Gameday Properties LLC )
February 4, 2008... Byline: Virginia Lawyers Weekly Staff Contract Licensing Agreement - Injunction In this litigation over a licensing agreement between Gameday Properties LLC and Sports Group Ltd, over competing publications, the circuit court...

Verdicts & Settlements February 4, 2008: Woman suffers heart attack after receiving Digoxin.(Brief article)
February 4, 2008... Byline: Virginia Lawyers Weekly Staff The decedent became a patient of the defendants on Jan. 18, 2005, when she was seen, evaluated and treated for atrial fibrillation with rapid ventricular response (tachycardia) and low blood pressure....

Verdicts & Settlements February 4, 2008: Patient fractures hip in fall at hospital.
February 4, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff was a patient in a hospital and fell and fractured her hip on her way to the restroom. Plaintiff alleged that she rang the call bell, but no one responded. Plaintiff also alleged that the...

Verdicts & Settlements February 4, 2008: Driver suffers neck injury in intersection collision.
February 4, 2008... Byline: Virginia Lawyers Weekly Staff On April 7, 2004, Buddy Lipes was injured when the defendant failed to yield the right of way at an intersection and collided with plaintiff's vehicle. Defendant admitted liability, and the case was...

Verdicts & Settlements February 4, 2008: Hotel guest slips on wet restroom floor.(Brief article)
February 4, 2008... Byline: Virginia Lawyers Weekly Staff The plaintiff was a guest in a hotel managed by Springhill SMC LLC. He slipped in the public men's room on the first floor. The plaintiff contended that there was no sign warning that the room had...

Age bias warnings no deterrent.
February 11, 2008... Byline: Deborah Elkins Warnings to an Austrian boss about American age discrimination laws did not dissuade the company from firing its American employee who reached age 65. Now the employer, a scientific instrument company located in...

Supreme Court of Virginia med-mal cases prompt legislative response.
February 11, 2008... Byline: Alan Cooper The General Assembly is well on its way to answering a recent Supreme Court of Virginia case that identified a hole in the Medical Malpractice Act. The court noted that the phrase "professional services" was not...

Magnuson-Moss doesn't cover modular home, rules federal judge in Danville.
February 11, 2008... Byline: Paul Fletcher The federal Magnuson-Moss Warranty Act doesn't cover the sale of a modular home, a federal judge in Danville has ruled. The Act provides a remedy for breach of warranty for a "consumer product." The judge...

Man got Wal-Mart job, still can sue for 'adverse action', rules Richmond federal judge.
February 11, 2008... Byline: Alan Cooper A Wal-Mart employee can sue the company under the Fair Credit Reporting Act over an erroneous background report, even though the company hired him anyway once the error was corrected, a Richmond federal judge has ruled....

Rucker to lead Virginia law firm of Sands Anderson Marks & Miller.(M. Pierce Rucker)
February 11, 2008... Byline: Virginia Lawyers Weekly Staff M. Pierce Rucker, a partner in the healthcare group of Sands Anderson Marks & Miller, has been elected president of the firm for a one-year term. Rucker had served previously as a member of the...

Baugh named capital defender for Virginia office of Indigent Defense Commission.(David P. Baugh becomes capital defender for the central Virginia office of the Indigent Defense Commission )
February 11, 2008... Byline: Virginia Lawyers Weekly Staff David P. Baugh, the prominent and often flamboyant Richmond criminal defense attorney, will become the capital defender for the central Virginia office of the Indigent Defense Commission on March 1. ...

Spotsylvania County lawyer Stephanie W. Buonasera dies as a result of an automobile accident.(Brief article)
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Spotsylvania County lawyer Stephanie Williams Buonasera died Dec. 16, 2007, as the result of an automobile accident in Louisa County. She was 44. A graduate of Randolph-Macon College and the...

U.S. Court of Appeals Case Summaries: February 11, 2008.
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Bankruptcy Prior Discharge - Foreclosure Avoidance Debtors seeking to avoid foreclosure on their home may receive a discharge on a Chapter 13 petition filed after the two-year period that...

U.S. District Court VA Eastern Case Summaries: February 11, 2008.
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Consumer Protection Foreclosure Avoidance - Home Repurchase A homeowner who had refinanced her mortgage three times and was about to lose her home through foreclosure cannot recover against...

U.S. District Court VA Western Case Summaries: February 11, 2008.
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Civil Rights School Board Members - Political Affiliation An employee of the Lee County School Board who alleges she was demoted from director of elementary education to reading teacher because...

Virginia Court of Appeals Case Summaries: February 11, 2008.
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Criminal Burglarious Tools - Clear Plastic Ties The clear plastic ties used to bind a robbery victim, the clerk at a woman's clothing store, which were the same kind of clear plastic ties...

Verdicts & Settlements February 11, 2008: I-66 rear-ender causes neck sprain, chest injury.
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Terry Collins rear-ended a vehicle on Interstate 66 in Fairfax and pushed that car into Jeffrey Nelson's vehicle. Nelson immediately felt pain and numbness in extremities and drove himself to the...

Verdicts & Settlements February 11, 2008: Pressure sores develop after knee replacement.(Brief article)(Case overview)
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Decedent, age 79, with end stage renal disease and severe osteoporosis, underwent a total knee replacement and was transferred to a nursing home for rehabilitation. The resident developed a Stage IV...

Verdicts & Settlements February 11, 2008: Twisted ankle leads to infection, anputation of leg.(Case overview)
February 11, 2008... Byline: Virginia Lawyers Weekly Staff In late January 2003, the plaintiff, an elderly woman, fell and twisted her ankle. She sought treatment from a hospital emergency room where she was diagnosed with a sprained ankle and instructed to...

Verdicts & Settlements February 11, 2008: Executive breaks wrist in garage elevator.
February 11, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff, a Bank of America executive, slipped and fell in a parking garage elevator that was being cleaned by a subcontractor who had been performing concrete restoration on the garage. Defendant...

Virginia Lawyers in the News: February 18, 2008.
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Former Fauquier County attorney James P. Downey and Warrenton attorney George Mayhugh of O'Connell & Mayhugh PC in Warrenton have formed the law firm of Downey & Mayhugh PC. The firm will practice...

Lawyer provides background on Powhatan rezoning case.(Letter to the editor)
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Dear Editor: Your Feb. 4 article ("Developer must pay $60K in sanctions") misrepresented my comments and the nature and history of the proceedings you describe. As I told you, the contempt...

U.S. District Judge Walter D. Kelley to step down.
February 18, 2008... Byline: Alan Cooper U.S. District Judge Walter D. Kelley Jr. loves presiding over complex business-related disputes such as the three-month criminal securities fraud case that was tried last year in Alexandria. "When it's good it's...

Montgomery jury gives $350K for negligent infliction of distress.
February 18, 2008... Byline: Alan Cooper Sharon Knight was driving through the Virginia Tech campus on Southgate Drive in June 2000 when a cyclist ran the stop sign on Tech Center Drive and crashed into the passenger's side of her car. The collision...

Virginia Court of Appeals remands support award for debt discharge.
February 18, 2008... Byline: Deborah Elkins Divorce lawyers who have clients in bankruptcy court may need to wait for a discharge and for the dust to settle before trying to tinker with spousal support. That is the message of a new Court of Appeals...

ANLIR policyholders get no priority for Reciprocal assets, concludes Virginia Corp. Commission.(American National Lawyers Insurance Reciprocal)
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Doctors and lawyers who bought policies from risk retention groups associated with Reciprocal of America are in the same category as a vendor who sold ROA paper clips. That's the effect of the...

Virginia's mental health reform bills survive crossover.
February 18, 2008... Byline: Alan Cooper House Republicans did what everybody knew they were going to do in the end on the appointments of Justice S. Bernard Goodwyn and Court of Appeals Judge LeRoy F. Millette Jr. And crossover - the deadline for each...

U.S. Court of Appeals Case Summaries: February 18, 2008.
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Administrative EEOC Jurisdiction - Federal Employees A district court did not err in dismissing a federal suit filed by Long Term Care Partners, who contracted with the Office of Personnel...

U.S. District Court VA Eastern Case Summaries: February 18, 2008.
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Contract Deli Distributor Agreement - At- Will Contract A small family business that had distributed Boar's Head deli products in the Richmond and Tidewater areas for over 20 years has no...

Virginia Court of Appeals Case Summaries: February 18, 2008.
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Criminal Computer Use - Solicitation Of Minor The Court of Appeals affirms defendant's conviction of using a computer to solicit a minor in violation of Va. Code Sect. 18.2-374(B), over his...

Virginia Circuit Court Case Summaries: February 18, 2008.
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Zoning Historic District - Appeal - Standing Although two landowners' property is adjacent to, and not in, the historic district where the county has approved construction of two out buildings...

Verdicts & Settlements February 18, 2008: Rectal bleeding caused by cancer rather than hemorrhoids.
February 18, 2008... Byline: Virginia Lawyers Weekly Staff A 44-year-old male plaintiff presented to his long-time family practice physician in January and February 2001 with complaints that included rectal bleeding. He underwent a flexible sigmoidoscopy by the...

Verdicts & Settlements February 18, 2008: Traffic crash results in lumbar spine surgery.(Brief article)
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff was injured in a motor vehicle accident alleged to have been caused by the defendant's negligence. The major issue in the case was the existence of a casual relationship between the accident...

Verdicts & Settlements February 18, 2008: Tractor-trailer collision aggravates neck, back pain.(Brief article)
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff, a resident of South Carolina, was involved in a wreck on Nov. 17, 2004, in Hopewell. The plaintiff was sitting in the cab of his tractor-trailer at a plant when it was struck by another...

Verdicts & Settlements February 18, 2008: Speeding, failure to yield at issue in traffic case.(Brief article)
February 18, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff was a passenger in an uninsured motor vehicle that was involved in an accident with a vehicle being operated by the defendant, who failed to yield the right of way. The primary issue was...

Verdicts & Settlements February 18, 2008: Towel left in body during abdominal surgery.(Brief article)
February 18, 2008... Byline: Virginia Lawyers Weekly Staff A surgical towel was inadvertently left in the plaintiff's body at the completion of abdominal surgery. Its presence was discovered during a routine physical examination some six weeks later and was...

Verdicts & Settlements February 25, 2008: 5-year-old hit by hit-and-run driver.(Brief article)
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff was 5 years old and playing in the parking lot at his apartment when defendant's vehicle hit and dragged plaintiff. Defendant left the scene of the accident without stopping. Defendant...

Verdicts & Settlements February 25, 2008: Discrimination alleged for lack of gender-specific boots.(Brief article)
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Plaintiff was employed with the Portsmouth Fire Department. One of her duties was purchasing equipment and clothing for the department. She injured her foot at work and began wearing a special orthotic...

Verdicts & Settlements February 25, 2008: Neurologist seeks value of shareholder agreement.(Brief article)
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Winchester Neurological Consultants Inc. and a physician in the practice, Mark A Landrio, had shareholder and employment agreements with a covenant not to compete with an arbitration clause. Dr....

Virginia Lawyers in the News: February 25, 2008.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Pamela M. Buskirk, Kate D. Leonard, Robert P. Preshlock Jr. and Hans P. Riede have joined the Fairfax law firm of Odin, Feldman & Pittleman. Buskirk is an associate in the trust, estate & tax...

Two of Virginia's leading condo law experts Mercer and Trigiani start new firm.(David S. Mercer and Lucia Anna Trigiani)
February 25, 2008... Byline: Virginia Lawyers Weekly Staff David S. Mercer and Lucia Anna (Pia) Trigiani, two of Virginia's leading authorities on condominiums and homeowners' associations, have formed a new firm, MercerTrigiani. Mercer and Trigiani had...

Divorce lawyer's lien is rejected by Prince William County judge.(Rossie D. Alston Jr.)
February 25, 2008... Byline: Alan Cooper A Prince William County judge has ruled that an attorney cannot perfect a lien he placed on property transferred to the spouse of his client during a divorce. The decision stems from the 2001 amendment of Virginia...

Virginia homeowners' associations likely to be regulated July 1.
February 25, 2008... Byline: Alan Cooper The operation of homeowners' associations has been largely a private matter, based on deed restrictions and covenants and, in the case of larger associations, contracts with companies to manage the associations. ...

New ERISA claim on 401(k).
February 25, 2008... Byline: Deborah Elkins An employee who claims his 401(k) account lost value can sue the plan administrator for failure to follow the employee's investment instructions. In 2004, James LaRue sued his employer, management consulting firm...

New benefit for subscribers of Virginia Lawyers Weekly.(Brief article)
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Virginia Lawyers Weekly is pleased to announce a new benefit for subscribers. Starting today, you'll be able to get a full-text copy of any Circuit Court opinion we digest in the paper for FREE....

Virginia's immigration bills: A partial scorecard.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff One major immigration bill was adopted last week, while another one died in the Senate General Laws and Technology Committee. More than 20 bills with some relation to immigration are still before...

A win on noncompete, a loss on stock buyback in Winchester Circuit Court.
February 25, 2008... Byline: Alan Cooper A Winchester doctor prevailed in a noncompete lawsuit brought by his former medical practice, but he could not enforce a buyback provision of the practice's shareholder agreement. He failed to assert that right in the...

U.S. Court of Appeals Case Summaries: February 25, 2008.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Bankruptcy Student Loan Discharge - Undue Hardship - Good Faith Effort A bankruptcy court erred in discharging a couple's student loans because they did not demonstrate a good-faith effort to...

U.S. District Court VA Eastern Case Summaries: February 25, 2008.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Intellectual Property Patent Infringement - 'Exceptional Case' - Attorney's Fee Award In this patent infringement litigation involving a system for monitoring the power quality and energy...

U.S. District Court VA Western Case Summaries: February 25, 2008.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Criminal Prior Drug Convictions - Life Sentence - Imitation Controlled Substance A defendant convicted of conspiracy to distribute crack cocaine will not be sentenced to life in prison under...

Virginia Court of Appeals Case Summaries: February 25, 2008.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Criminal Voluntariness Of Statement - Aggravated Sexual Battery Although defendant contends his condition of dystonia rendered his statements to police during questioning inadmissible, the...

Virginia Circuit Court Case Summaries: February 25, 2008.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff Domestic Relations Marital Home - Attorney's Lien A trial court sustains wife's demurrer to an attorney's lien filed by husband's lawyer on the marital home, which was transferred to wife...

Verdicts & Settlements February 25, 2008: Officer hit by SUV while pursuing suspect.
February 25, 2008... Byline: Virginia Lawyers Weekly Staff On Sept. 1, 2005, Officer Jesse Shaver initiated a traffic stop of a suspected drunken driver on U.S. Route 250 near Waynesboro. While his partner was speaking with the suspect, Shaver noticed a gun in...