Virginia Lawyers Weekly articles from January 2007

Virginia Lawyers Weekly archives from January 2007

How to ... Choose a payroll services provider.
January 8, 2007... Byline: Bernadette Starzee Dolan Media Newswires Many offices think it pays to have someone else handle their payroll. Managing payroll, after all, can be time-consuming, especially if you have a high employee turnover rate, if your...

Virginia lawyers receive promotions.
January 8, 2007... Byline: Virginia Lawyers Weekly Staff The Richmond office of McGuire-Woods LLP has hired 12 new associates. Patrick L. Gregory and Katherine K. DeLuca have joined the firm's corporate services department. Gregory focuses his...

Nonsuit of a zoning appeal nets dismissal in Virginia court.(Ticonderoga Farms Inc. v. Board of Supervisors of Loudoun County)
January 8, 2007... Byline: Alan Cooper A nonsuit of an appeal of a zoning decision amounts to a dismissal of the appeal with prejudice, a Loudoun County judge ruled last month. The case arose from the appeal by Ticonderoga Farms Inc. of a 5-4 decision by...

Virginia Court of Appeals extends law barring therapist's testimony.(Rice v. Rice )
January 8, 2007... Byline: Alan Cooper A state law that prevents a child's therapist from testifying against a parent in a visitation proceeding also bars the therapist from testifying about the child, a divided panel of the Virginia Court of Appeals ruled...

New trial for denial of hired lawyer.
January 8, 2007... Byline: Deborah Elkins A robbery defendant from Danville has won a new trial based on a June decision by the U.S. Supreme Court on a criminal defendant's right to retained counsel of his choice. Previously, a defendant challenging a...

Young Lawyers Division of the Virginia Bar Association celebrates its 50th anniversary.
January 8, 2007... Byline: Virginia Lawyers Weekly Staff The Virginia Bar Association is accentuating the young at its winter meeting in Williamsburg later this month. The reason: Its Young Lawyers Division is celebrating its 50th anniversary. The...

U.S. Court of Appeals Case Summaries: January 8, 2007.(Sucampo Pharmaceuticals Inc. v. Astellas Pharma Inc.)(Madison v. Commonwealth of Virginia)(Blankenship v. Manchin )
January 8, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Forum- Selection Clause - Licensing Agreement - Safety Agreement A pharmaceutical company's breach of contract claims against another pharmaceutical company should be tried in...

U.S. District Court of Eastern Virginia Case Summaries: January 8, 2007.(Chino v. D&T Trucking Co.)(First Hand Communications LLC v. Schwalbach )
January 8, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Jurisdiction - Va. Long- Arm Statute - Ohio Auto Accident A plaintiff who alleges injuries from a collision with defendant trucking company's tractor-trailer parked along the...

U.S. District Court of Western Virginia: January 8, 2007.(Penn Virginia Operating Co. LLC v. Equitable Production Co.)(Sun Life Assurance Co. of Canada v. Grose)(Under Swierkiewicz v. Sorema N.A.)
January 8, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Removal - Arbitration - Jurisdictional Discovery A district court denies plaintiff's motion to conduct jurisdictional discovery related to defendant's removal of plaintiff's...

Virginia Court of Appeals Case Summaries: January 8, 2007.(Villafana v. Commonwealth )
January 8, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Voluntariness Of Confession - Malicious Wounding A defendant's convictions of malicious wounding, armed burglary and related firearms charges are affirmed despite his claim that the...

Verdicts & Settlements January 8, 2007: Virginia jury awards couple $108K in personal injury suit.(Patrick v. Smith and J.B. Hunt Transport Inc.)
January 8, 2007... Byline: Virginia Lawyers Weekly Staff The J.B. Hunt tractor trailer driven by defendant Donald Smith was traveling on Route 495 on May 29, 2003, when it slammed into the rear-end of a Volvo four-door sedan operated by Ricci Patrick in which...

Verdicts & Settlements January 8, 2007: Virginia ruptured appendix case settles for $400,000.(Brief article)
January 8, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff was a 51-year-old male who reported to the emergency department complaining of abdominal pain. The plaintiff's white blood cell count was elevated and he was accordingly evaluated by the...

Verdicts & Settlements January 8, 2007: Virginia school bus crash case settles.(Brief article)
January 8, 2007... Byline: Virginia Lawyers Weekly Staff Type of Action: Negligence - wrongful death - school bus collision Name of Case: Confidential Medical Bills: $70,275.51 Funeral Expenses: $11,151.21 Settled: Structured settlement with...

Richmond bank to pay $80K in punitive damages for violating Fair Credit Reporting Act.
January 15, 2007... Byline: Deborah Elkins A Richmond bank has to pay $80,000 in punitive damages - 80 times the compensatory damage award - on a car buyer's claim that the bank violated the Fair Credit Reporting Act when it reported to credit agencies...

Virginia juries return 20 verdicts of $1M or more in 2006.
January 15, 2007... Byline: Alan Cooper Virginia juries returned 29 verdicts of $1 million or more in 2006, almost half again as many as in 2005. The number of large verdicts is too small to suggest a trend, but the increase is at odds with the declining...

Virginia court awards man $1.5M for being conspired against and losing job.(Greenfeld v. Stitely)
January 15, 2007... Byline: Paul Fletcher A Northern Virginia man has won a verdict worth more than $1.5 million against his former business partners after they cut him out of their firm. In a complex business tort suit, Fairfax Circuit Judge Jane Marum...

Virginia Court of Appeals reverses ruling that retitling of home was a gift.(Lesesne v. Zablocki)
January 15, 2007... Byline: Alan Cooper When Jacqueline Ann Lesesne and Thaddeus John Zablocki bought their home in January 1995, they took the title as tenants in common, and the deed reflected that Zablocki had a 5/6 interest in the home. That was...

Virginia law firm Williams Mullen to merge with North Carolina firm.(Maupin Taylor PA)(Brief article)
January 15, 2007... Byline: Alan Cooper Williams Mullen, the third largest law firm based in Virginia, plans to merge March 1 with Maupin Taylor PA, a North Carolina firm with about 50 lawyers. The merger will create a firm with about 300 lawyers and 700...

U.S. Court of Appeals Case Summaries: January 15, 2007.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Bankruptcy Anti- Discrimination Law - Veterans - Home-Loan Guaranty Entitlements The Bankruptcy Code's anti-discrimination provision, 11 U.S.C. Sect. 525, does not apply to the veteran...

U.S. District Court of Eastern Virginia Case Summaries: January 15, 2007.
January 15, 2007... 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 of Western Virginia Case Summaries: January 15, 2007.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Coconspirator Statements - Confrontation Clause A cocaine defendant is not entitled to a new trial on the ground that the admission of incriminating statements made by a coconspirator...

Virginia Court of Appeals Case Summaries: January 15, 2007.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Suspended Sentence - Restitution Condition - Security System A defendant who was convicted of statutory burglary and grand larceny for breaking into a commercial tax service and...

Virginia Circuit Court Case Summaries: January 15, 2007.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Contract Municipal - Water Treatment Plant - Valve Problems A circuit court declines to reconsider its earlier dismissal of a construction company's suit against Fairfax County Water Authority...

Verdicts & Settlements January 15, 2007: Virginia jury delivers defense verdict in med-mal suit.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff Hoggard was treated conservatively for lateral epicondylitis, known as "tennis elbow," off and on for two years. When treatment failed, defendant doctor, an orthopedic surgeon, performed...

Verdicts & Settlements January 15, 2007: Virginia jury rules in favor of doctors in med-mal case.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff underwent a laparoscopic Nissen fundoplication on April 1, 2002 for a hiatal hernia. As part of that procedure, a solid dilator called a bougie is placed in the esophagus to expand it while...

Verdicts & Settlements January 15, 2007: Foot and ankle injury suit settles for $700K in Virginia.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff The plaintiff, Todd Hobson, was 39 when he was hit head-on by an uninsured driver who fell asleep at the wheel. After being extracted from his car, Hobson was taken to the University of Virginia...

Verdicts & Settlements January 15, 2007: Virginia jury rewards $25K more than amount asked amount.
January 15, 2007... Byline: Virginia Lawyers Weekly Staff Both vehicles were rendered a total loss when the defendant's vehicle turned into the plaintiff's at an intersection. Defendant pled guilty to reckless driving. Defendant was uninsured. Even though the...

Response to an eminent domain case is back before Virginia's General Assembly.(Kelo v. City of New London)
January 22, 2007... Byline: Alan Cooper The attempt to craft a legislative response to Kelo v. City of New London, the U.S. Supreme Court's 2005 decision on eminent domain, was one of the most contentious and bruising issues before the 2006 General Assembly....

Virginia architect and interior designer design a space that appeals to young and senior associates.
January 22, 2007... Byline: Alan Cooper Designing a space that appeals to both a 25-year-old associate and a senior partner is a challenge. But architect Jeff DeHoff and Susan Orange, his interior design colleague at the Baskervill design and engineering...

Virginia law firms announce personnel changes and promotions.(Reed Smith L.L.P. appoints Curtis G. Manchester)(Annamaria Steward awarded by District of Columbia. Bar)(Matt Sheldon joins Williams Mullen)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Reed Smith LLP has announced the selection of Curtis G. Manchester as the managing partner of the firm's Richmond office. A 1991 graduate of the University of Richmond law school, Manchester joined...

New measure says most senior Virginia justice should be chief.
January 22, 2007... Byline: Virginia Lawyers Weekly Staff A quick reading of House Bill 2089 suggests that Del. William R. Janis, R-Henrico, has a problem with Virginia Chief Justice Leroy Rountree Hassell Sr. Janis insists that isn't the case at all. ...

Virginia Supreme Court upholds $2K sanction against lawyer who pleaded unsubstantiated defenses.(Ford Motor Co. v. Benitez)
January 22, 2007... Byline: Deborah Elkins The Supreme Court of Virginia has upheld a $2,000 sanction against a lawyer who pleaded unsubstantiated defenses in a products liability case filed in Fairfax Circuit Court. On Jan. 12, a unanimous Supreme Court...

Virginia Supreme Court allows woman to file suit on grounds of emotional distress.(Alan Swanson, John Grisham sue Katharine Almy)
January 22, 2007... Byline: Alan Cooper From 1996 to 1998, Donna Swanson received a series of anonymous, handwritten letters, one of which alleged that her husband, Alan, had been unfaithful. In 1998, John Grisham, the legal novelist, received a...

Virginia Supreme Court rules a fence must come down due to having "unclean hands".(Cline v. Berg)
January 22, 2007... Byline: Paul Fletcher What does the Supreme Court of Virginia say to a man who sued his uphill neighbor for building a fence? Not just any fence - a fence that was 32 feet high and 200 feet long, and made out of plastic wrap and...

Virginia court rules a dismissal of an employee prejudice case does not bar action against employer.(Hughes v. Doe )(Case overview)
January 22, 2007... Byline: Alan Cooper Dismissal with prejudice of claims against an employee on procedural grounds does not bar action against the employer on a theory of respondeat superior, the Supreme Court of Virginia ruled on Jan. 12 in its second...

U.S. Court of Appeals Case Summaries: January 22, 2007.(U.S. v. Hernandez-Villanueva)(Steelman v. Hirsch )
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Immigration Unauthorized Reentry - Miranda Warning - MS-13 Membership Although defendant, a Salvadoran native, protests he was not given Miranda warnings when interviewed by law enforcement...

U.S. District Court of Eastern Virginia: January 22, 2007.(Blue Cross Blue Shield of Alabama v. Stotz)(Hatami v. Chertoff)(Gonzalez v. McNeil Technologies Inc.)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Attorneys Rule 11 Sanctions - ERISA - Self- Funded Plan Plaintiff Blue Cross-Blue Shield of Alabama has stated an ERISA claim against a Medical Plan for the Plan's alleged failure to reimburse...

U.S. District Court of Western Virginia Case Summaries: January 22, 2007.(Fitzgerald v. Ennis Business Forms Inc.)(Maybury v. Morton )
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Employment Discrimination Title VII - Race - Age - Plant Supervisor Although plaintiff, a 58-year-old African American male, had settled an earlier discrimination claim against his employer...

Virginia Court of Appeals Case Summaries: January 22, 2007.(Koch v. Commonwealth )
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Uttering Public Record - Community Service Attendance Log A defendant's conviction of forgery and uttering a public record is affirmed based on evidence that she altered the attendance...

Virginia Circuit Court Case Summaries: January 22, 2007.(Hawthorne v. Lavinder)(Collier v. Pittman)(Board of Supervisors of Fairfax County, Va. v. Board of Zoning Appeals of Fairfax County)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Negligence Police Auto Accident - Sovereign Immunity Where a police officer in pursuit of a speeding vehicle collided with decedent, his act of pursuit was discretionary, not ministerial, and...

Virginia Supreme Court Case Summaries: January 22, 2007.(Conyers v. Martial Arts World of Richmond Inc.)(Afzall v. Commonwealth)(Ford Motor Co. v. Benitez)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Administrative Day Care License - Martial Arts Program The Supreme Court reverses a circuit court judgment that a martial arts instruction program for children, which qualifies as a "child day...

Verdicts & Settlements January 22, 2007: structured Virginia settlement totals $2.5M in auto suit.(Brief article)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Type of Action: Motor vehicle Injuries Alleged: Death of a child, leaving parents and siblings Name of Case: Confidential Court: Confidential Special Damages: Funeral expenses:...

Verdicts & Settlements January 22, 2007: Virginia jury returns defense verdict in auto accident case.(Thomas Hopkins v. Kenneth Kirkland, Trainham Disposal Inc., Joseph Cox and Elias Wilf Corporation)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff On May 22, 2000, a recreational Winnebago driven by the plaintiff collided with the rear of a freightliner truck stopped on westbound Route 360 in Chesterfield County. Defendant Joseph Cox was...

Verdicts & Settlements January 22, 2007: Virginia jury rules in favor of plaintiff in auto suit.(Cooper v. Faulk)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff was rear-ended in a low property damage event. She had pre-existing chronic back pain. Based on these two facts, Progressive never offered more than $5,000.00. Counsel worked out a high/low of...

Verdicts & Settlements January 22, 2007: Virginia auto accident suit settles in mediation.(Carson v. Thomas and Capitol Builders, Inc.)(Builders Mutual Ins. Co. v. Carson)(Capitol Builders, Hazel Thomas and State Farm Mutual Ins. Co.)
January 22, 2007... Byline: Virginia Lawyers Weekly Staff The plaintiff, Jeffrey Carson, was the 35-year-old operator of a motor vehicle, which was struck by the defendant, Hazel Thomas, as she turned into Sycamore Square Shopping Center on Route 60 in...

Virginia court rules nephew-aunt relationship was not 'confidential' in an estate battle.(Bailey v. Turnbow )(Case overview)
January 29, 2007... Byline: Deborah Elkins A man's close relationship with his elderly, childless aunt does not allow a court to presume he unduly influenced the aunt to deed her house to him. When it comes to finding a "confidential relationship" in a...

Document retention policies under new e-discovery rules.
January 29, 2007... Byline: Lawrence Moore Dolan Media Newswires On Dec. 1, the amendments to the Federal Rules of Civil Procedure addressing electronic discovery went into effect. Two of those amendments have particular significance for document...

Ban on therapist testimony in custody cases remains in Virginia.
January 29, 2007... Byline: Alan Cooper If you're a mental health therapist, confidentiality and the trust that goes with it are essential in the treatment of your clients. If you're domestic relations attorney, you want all the evidence you can get to...

Richmond, Va. Circuit Court judges to begin hearing civil and criminal cases.(Leroy Rountree Hassell Sr.)
January 29, 2007... Byline: Alan Cooper All the judges on the Richmond Circuit Court will begin hearing both civil and criminal cases after Virginia Chief Justice Leroy Rountree Hassell Sr. insisted that they do so. "The decision has been made ,...

Virginia General Assembly reelects more than 50 incumbent judges.(Brief article)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff The General Assembly has reelected more than 50 incumbent judges, including Supreme Court Justice Lawrence L. Koontz Jr. and Court of Appeals Judges Larry G. Elder and Robert P. Frank. Only three...

Virginia attorney general to award winner of Legal Food Frenzy the Attorney General's Cup.(Bob McDonnell )(Brief article)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Attorney General Bob McDonnell announced last week the competition for the Attorney General's Cup, which will be awarded to the winner of the statewide Legal Food Frenzy. It will be given to the law...

U.S. Court of Appeals Case Summaries: January 29, 2007.(State of West Virginia v. Thompson )
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Administrative Medicaid Plan Amendment - Homestead Exemption - Undue Hardship The Department of Health and Human Services was entitled to reject the State of West Virginia's proposed amendment...

U.S. District Court of Eastern Virginia Case Summaries: January 29, 2007.(McClinton v. County of Chesterfield)(Case overview)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Employment Discrimination Equal Pay Act - County Administrative Job Although an African-American female claims defendant county discriminated against her on the basis of race and gender by not...

Virginia Court of Appeals Case Summaries: January 29, 2007.(Stewart v. Commonwealth)(Nichols v. Commonwealth)(MacDonald v. Commonwealth)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Uttering Forged Checks - Exculpatory Evidence A defendant's conviction of two counts of forgery and of uttering forged checks knowing them to be forged are reversed because the...

Virginia Circuit Court Case Summaries: January 29, 2007.(Connemara Corp. v. St. Andrews LLC )
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Contract Mechanic's Lien - Unjust Enrichment A contractor that failed to perfect its mechanic's lien on property it was repairing after damage from Hurricane Isabel cannot recover for its...

Virginia Supreme Court Case Summaries: January 29, 2007.(Rothgeb v. Harrisonburg Rockingham Dep't of Social Servs.)(Brief article)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Domestic Relations Termination Of Parental Rights - Rehabilitative Services Where a father abused alcohol to the point of passing out in his yard and was routinely violent with his wife and...

Verdicts & Settlements January 29, 2007: Virginia wreck mediated to $425K settlement.(Bush v. Hayes and W.O.H Enterprise Trucking, Inc.)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff was stopped at a red light at the intersection of Route 28 and Westfields Boulevard on Nov. 21, 2002. The defendant Willie Hayes was operating a tractor-trailer on wet roads with an empty...

Verdicts & Settlements January 29, 2007: Virginia wrongful death case settles for $175K.(Estate of Edna Price v. Abingdon Manor, et al.)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff The 82-year-old female decedent suffered from Alzheimer's disease and entered the defendant's assisted living facility on July 4 and remained a resident until Sept. 17, 2005, on which date she was...

Verdicts & Settlements January 29, 2007: Virginia jury finds no age employment discrimination.(Connolly v. The Mills Corporation)(Brief article)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff was hired in 1998 at the age of 56 as a vice-president/senior development director of the defendant. Plaintiff was hired by the president of the development division, a former colleague with...

Verdicts & Settlements January 29, 2007: Va. jury awards $200K in defamation of character suit.(Butler v. N.E.W. Service Cos., Inc.)(Brief article)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff An employee of defendant N.E.W. told a government security clearance investigator that plaintiff had "conflicts with her coworkers" because she did not always get to work on time, and had a different...

Verdicts & Settlements January 29, 2007: Va. jury awards $3.3M in med-mal suit.(Yue Yao, Personal Representative of the Estate of Kristine Yao, Deceased v. Inova Health Care Services d/b/a Inova Fairfax Hospital)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff The patient was a 3-year-old female who developed neurological signs beginning two weeks prior to admission but of a clinical significance only two or three days before admission. She progressively...

Verdicts & Settlements (January 29, 2007) Defense prevails in Hanover County car wreck.(Shawn Ballou, Administratrix of the Estate of Alan W. Gallagher, deceased v. Werner Enterprises, Inc.)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff John Charles Miller was operating a tractor-trailer at the intersection of Old Ridge Road and Route 1 in Hanover County, just north of Ashland, on Feb. 20, 2004. He had just picked up a load from the...

Verdicts & Settlements January 29, 2007: Defense prevails in Virginia car wreck.(Shawn Ballou, Administratrix of the Estate of Alan W. Gallagher, deceased v. Werner Enterprises, Inc.)
January 29, 2007... Byline: Virginia Lawyers Weekly Staff John Charles Miller was operating a tractor-trailer at the intersection of Old Ridge Road and Route 1 in Hanover County, just north of Ashland, on Feb. 20, 2004. He had just picked up a load from the...