Virginia Lawyers Weekly articles from July 2006

Virginia Lawyers Weekly archives from July 2006

Chantilly-based World Adult Kickball Assn. sues rival club for defamation and copyright infringement.
July 3, 2006... Byline: Deborah Elkins Kickball. If you loved it as a child, you don't have to stop. You can keep on whaling away at that ball and dashing around the bases, even though you may have grown up. In fact, kickball is just one of...

VA Lawyers in the News: July 3, 2006.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Virginia Beach lawyer Neil L. Rose has been elected president of the congregation at Beth El in Norfolk, the area's oldest conservative synagogue with over 600 families. A partner at the law firm...

Northern VA's Wickwire Gavin merges with Florida firm.
July 3, 2006... Byline: Paul Fletcher Northern Virginia's Wickwire Gavin announced last Tuesday that it has merged with a large Florida firm, Akerman Senterfitt. Thirty lawyers from Wickwire's three offices - in Vienna, Los Angeles and Madison,Wis. -...

4th N.Y. U.S. Circuit Court of Appeals rules company must justify firing under USERRA.
July 3, 2006... Byline: Alan Cooper The Uniformed Services Employment and Reemploy-ment Rights Act of 1994 puts the burden of proving the reasonableness of a discharge on the employer, but the employer can still prevail on a summary judgment motion, the...

Panel to review rules on interpreters for foreign-language defendants.
July 3, 2006... Byline: Alan Cooper State payments for foreign-language interpreters in criminal cases have more than doubled in the last six years, and the number of people needing interpreters is increasing at an even faster rate. Last month, the...

Jewish lawyer wins $1,500 for ethnic harassment in Fairfax General District Court.
July 3, 2006... Byline: Paul Fletcher A Jewish lawyer from Vienna has won a $1,500 ethnic harassment verdict against a man who told him he was sorry his family had not been "exterminated in the concentration camps." A little-used statute, Virginia...

Stay-at-home lawyer mom can show her lost earning capacity in U.S. District Court.
July 3, 2006... Byline: Deborah Elkins A government lawyer who took a 12-year career hiatus for childrearing can cite her record of promotions and decision to leave her retirement funds to show that she intended to resume her career. The defendant in...

Experts say self-reporting malpractice or ethics violations can actually benefit attorneys.
July 3, 2006... Byline: Correy E. Stephenson (The following article was originally published in Lawyers USA, another Dolan Media publication). Experts say self-reporting malpractice or ethics violations can actually benefit attorneysNobody likes to...

Commission on Virginia Courts hearings start July 5.
July 3, 2006... Byline: Alan Cooper The Commission on Virginia Courts in the 21st Century will hold a series of public hearings beginning Wednesday on the recommendations it will make later this year to the Supreme Court of Virginia and the Judicial...

Richmond circuit judge rules without contract, plaintiff can't be forced to arbitrate.
July 3, 2006... Byline: Paul Fletcher A Richmond circuit judge has ruled that the owner of Dominic of New York restaurants can't be forced to arbitrate its claims against one of its franchisors, even though that company is involved in arbitration with a...

U.S. Court of Appeals Case Summaries: July 3, 2006.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Actual Innocence - New Evidence - Shooter's Identity A defendant who was convicted of first-degree murder after he went to the victim's home with a companion and the...

U.S. District Court VA Eastern Case Summaries: July 3, 2006.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Attorneys Prior Representation - Disqualification A lawyer for plaintiff in this construction contract lawsuit who performed three hours' work for defendant construction company while working...

VA Court of Appeals Case Summaries: July 3, 2006.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Auto Stop - Rental Car - Authorized Driver Where police pulled a car when the officer observed an occupant rolling what appeared to be a marijuana cigarette, and neither the driver...

VA Circuit Court Case Summaries: July 3, 2006.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Civil Procedure Discovery - Motion To Compel - Legal Residency - Financial Accounts In this discovery dispute, the circuit court denies defendants' motion to compel answers to an interrogatory...

Verdicts & Settlements July 3, 2006: Follow-up to high court defamation case ends in summary judgmen.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff This case was filed in September 2000. The plaintiffs initially asserted claims of wrongful discharge, defamation, and conspiracy to injure both plaintiff doctors in the practice of their profession....

Verdicts & Settlements July 3, 2006: Comp claim of 'inappropriate' treatment nets $205K settlement.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Sheriff sustained an injury, which left him with right spastic hemiparesis. The carrier attempted to place this 61-year-old law enforcement officer into a Pizza Hut. When job placement efforts failed,...

Verdicts & Settlements July 3, 2006: Jewish lawyer recovers for religious harassment.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff had been awarded a judgment against defendant for legal fees owed to plaintiff's law firm. An associate in plaintiff's law firm was seated at a table in the hallway outside one of the...

Verdicts & Settlements July 3, 2006: Woman blinded by retractable leash settles claims.
July 3, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff purchased a retractable dog leash from a dollar store. The leash had no warnings or size limitations. Plaintiff used the leash later that week to walk her dog. Upon its first use, the dog...

Retired Maryland physician and author talks about health insurance for children in college.
July 17, 2006... Byline: Dr. Bob Sheff Dr. Bob Sheff, a retired Maryland physician and author of "The Medical Mentor," answers questions each week in The Daily Record of Baltimore, another Dolan Media-owned publication. My daughter is going away to...

2006 Bulwer-Lytton Fiction Contest results have been announced.
July 17, 2006... Byline: Paul Fletcher The results of the 2006 Bulwer-Lytton Fiction Contest were announced last week. This contest, held each year by the English department at San Jose State, is named for the 19th century British writer, Edward George...

Virginia man's entire obituary is an exit line.(Biography)
July 17, 2006... Byline: Paul Fletcher Lewis Grizzard, the late Atlanta Journal & Constitution columnist who was sometimes lauded as the Mark Twain of the New South back in the 1980s, was a funny man. He published 25 books, with titles such as "If Love...

Virginia Court of Appeals says not to disrespect a dysfunctional marriage.
July 17, 2006... Byline: Deborah Elkins Don't dis a dysfunctional marriage, the Virginia Court of Appeals says. Even dysfunctional marriages deserve respect. Even when they're not actually marriages. After all, one couple's de facto "dysfunctional...

Norfolk & Portsmouth Bar Association announces 2006-07 Executive Committee and Officers.(Dollar Tree Stores Inc. appoints John L. Deal)(LeClair Ryan opens an office)(Omniplex World Service Corp. appoints Kelly C. Grems )
July 17, 2006... Byline: Virginia Lawyers Weekly Staff The Executive Committee and Officers of the Norfolk & Portsmouth Bar Association for the year 2006-07 are: * James A. Metcalfe, United States Attorney's Office, President * Donald C. Schultz,...

Norfolk Joint Forces Staff College honors former U.S. Rep. Owen B. Pickett.(Brief article)
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Former U.S. Rep. Owen B. Pickett, who spent 14 years on the House Armed Services Committee, has been honored by the Joint Forces Staff College in Norfolk. The college christened the Owen Pickett...

Selecting Virginia judges takes place in the Federal Appeals Courts.
July 17, 2006... Byline: Deborah Elkins Lawyers in Virginia don't have to watch U.S. Supreme Court confirmation hearings to get a dose of drama. They can just stay tuned to the years-long effort to fill vacancies on the 4th U.S. Circuit Court of Appeals....

Three Virginia coronary bypass patients develop systematic inflammatory response syndrome.
July 17, 2006... Byline: Alan Cooper Three coronary bypass patients developed systemic inflammatory response syndrome between Aug. 31 and Sept. 7 at Mary Washington Hospital near Fredericksburg. One patient died and the other two suffered through lengthy,...

A new social networking site for lawyers has observers wondering how the new web site will be used.(Lawbby.com )
July 17, 2006... Byline: Amy Johnson Conner Lawbby.com - a sort of MySpace for the legal profession - has caused a fair amount of head scratching since it was launched three months ago. Designed as a social network where attorneys can post a personal...

Virginia Circuit judge rules a physician's opinion is inadmissible.
July 17, 2006... Byline: Alan Cooper A physician's conclusion after treatment ended about the causation of an injury is inadmissible under Virginia Code Sect. 8.01-399(B), a Fauquier Circuit judge has ruled. The issue arose after David Roger Ramsey was...

Trial judges are more receptive to expert testimony on the nature of eyewitness identification.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Trial judges are more receptive to allowing expert testimony on the nature of eyewitness identification because wrongful convictions have put a sharper focus on the reliability--or lack of it--of such...

U.S. Court of Appeals case summaries: July 17, 2006.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Administrative FDA Drug Approval - Generic Brand Marketing - 180- Day Period A pharmaceutical company that was the first to qualify to market a generic version of "Macrobid," a drug used to...

U.S. Eastern Virginia District Court case summaries: July 17, 2006.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Admiralty Maintenance & Cure - Work- Related Injury A district court refuses to dismiss a declaratory judgment action filed by Norfolk Dredging Company contending that it has no obligation to...

U.S. Western Virginia District Court case summaries: July 17, 2006.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Tobacco Buyout Statute - Regulatory Challenge - Class Certification A magistrate judge recommends certification of a class of tobacco farmers as plaintiffs in this suit...

Virginia Court of Appeals case summaries: July 17, 2006.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Sentencing - Suspension Revocation - Consecutive Terms A trial court did not abuse its discretion when it revoked defendant's three suspended sentences for prior convictions of...

Virginia Circuit Court case summaries: July 17, 206.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Board Of Dentistry - Record Retention A circuit court affirms an order of the Virginia Board of Dentistry indefinitely suspending a dentist's dental license for at least three...

Verdicts & settlements July 17, 2006: Virginia jury awards $2.5M to Firefighter/EMT for injuries.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff Michael Anthony M. Konoza, a former Arlington County Fire Department firefighter/EMT, was awarded $2,542,500.00 ($2,250,000.00 plus interest from 3/29/04) on June 9 by an Alexandria Circuit jury for...

Verdicts & settlements July 17, 2006: Virginia court awards $81K verdict, despite crash claim.
July 17, 2006... Byline: Virginia Lawyers Weekly Staff On Oct. 23, 2003, the defendant rear-ended the plaintiff's vehicle. Liability was admitted by the defendant approximately two days before the trial. On force of impact, the plaintiff testified that the...

Virginia attorney signs a Settlement Agreement and Joint Tortfeasor Release.
July 24, 2006... Byline: Alan Cooper On Sept. 22, Leesburg attorney Bruce W. McLaughlin signed a "Settlement Agreement and Joint Tortfeasor Release" of his legal malpractice claim against the Fairfax firm of Graham & Schewe. McLaughlin expected that...

Virginia circuit judge rules car-wreck victim can seek amount of medical bills as damages.
July 24, 2006... Byline: Paul Fletcher A car-wreck victim can seek the amount of her medical bills as damages in a personal-injury suit, even though the debts were discharged in a Chapter 7 bankruptcy, a Roanoke circuit judge has ruled. Judge Jonathan...

Virginia commissioner of accounts system is facing scrutiny.
July 24, 2006... Byline: Alan Cooper Virginia's 157-year-old commissioner of accounts system for monitoring probate may be working better than it ever has, as Commissioner Edward R. Slaughter Jr. of Charlottesville contends. But it also may be facing...

Judicial Court of Virginia makes slight changes to the Virginia Rules of Evidence.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff The proposed Virginia Rules of Evidence have gone from a "Preliminary Draft for Public Comment" to a "Discussion Draft for Public Comment." The changes are slight, and the full text of the...

U.S. Court of Appeals rules death-row inmate will get an evidentiary hearing due to impartial jury.
July 24, 2006... Byline: Caryn Tamber A death-row inmate will get an evidentiary hearing on whether his right to an impartial jury was violated because one of the jurors was a close relative of a co-defendant, the 4th U.S. Circuit Court of Appeals has...

U.S. Court of Appeals case summaries: July 24, 2006.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Black Lung Benefits - Shop Mechanic - Second Claim The Department of Labor's Benefits Review Board did not err in affirming an award of black lung benefits to a claimant who was...

U.S. Eastern District Court of Virginia case summaries: July 24, 2006.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff Administrative False Claims Act - Contract Renegotiation A relator who previously had two separate False Claims Act actions against defendant Savin Corporation dismissed by the district court...

Virginia Court of Appeals case summaries: July 24, 2006.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Joinder - Robbery & Abduction - Common Scheme Or Plan A trial court did not err in joining for trial seven counts of robbery and related charges accusing defendant of accosting...

Virginia Circuit Court case summaries: July, 24 2006.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Contractor License - Convicted Felon In this appeal of the Virginia Board for Contractors' denial of a tradesman license in HVAC to a convicted felon, the circuit court is...

Verdicts & settlements July 24, 2006: hotel settles for $180K for injuries to handicap professor.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff was a guest at the DoubleTree Hotel in Arlington. She had just given a presentation at a conference on safe decisions for teens. Defendant hotel staff summoned their special, handicap-access...

Verdicts & settlements July 24, 2006: quadriplegic professor can discharge student loans.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff This was a petition for discharge of a student loan filed in a bankruptcy case. The debtor is quadriplegic, but gainfully employed as a professor at a local college. She had a student loan debt of...

Verdicts & settlements July 24, 2006: Virginia court awards $81K for 'chronic pain' from auto crash.
July 24, 2006... Byline: Virginia Lawyers Weekly Staff On Oct. 23, 2003, the defendant rear-ended the plaintiff's vehicle. Liability was admitted by the defendant approximately two days before the trial. On force of impact, the plaintiff testified that the...

Virginia Lawyers in the News: July 31, 2006.
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Roanoke lawyer Lori D. Thompson recently was honored by the Roanoke Bar Association as the "Young Lawyer of the Year." The award recognizes an outstanding young lawyer who has demonstrated...

Harrisonburg-Rockingham Bar holds Senior Citizens Law Day.(Brief article)
July 31, 2006... Byline: Virginia Lawyers Weekly Staff The Harrisonburg-Rockingham Bar Association recently held its inaugural Senior Citizens Law Day, a program designed to provide the community information on key topics pertaining to elder law. About 130...

Family awarded $1.5M for missed melanoma.(Paul Vaughan dies )
July 31, 2006... Byline: Alan Cooper Paul Vaughan, a stay-at-home dad in Virginia Beach, had a raw spot in the nail bed of his right middle finger that wouldn't heal, so he went to his family physician who in turn referred him to a hand surgeon. The...

Want to make a deal with the IRS? The rules have changed.(Internal Revenue Service)
July 31, 2006... Byline: Cynthia DiPasquale Individuals and businesses struggling to pay federal taxes saw the rules on payment changed this month in a program designed to help the most cash-strapped of them. The Internal Revenue Service now will...

George Chabalewski: Virginia State Bar's new Bar Counsel.
July 31, 2006... Byline: Alan Cooper By 1986, George Chabalewski and his wife, Franki, had had enough of Chicago winters. The daughter of a military family, Franki regarded Fort Monroe as home, and the Chabalewskis had visited Virginia and other South...

Lawyers could use undisclosed recordings without violating Rules of Professional Conduct.
July 31, 2006... Byline: Paul Fletcher A lawyer could use an undisclosed recording to investigate and develop a client's case without violating the Rules of Professional Conduct, under a proposed new view of Rule 8.4. The Virginia State Bar's Standing...

Despite statute of limitations, acceptance of insurance settlement offer was OK.(Nationwide Mutual Insurance Co. settles with Ida May Lester)(Brief article)
July 31, 2006... Byline: Alan Cooper An insurance company could not renege on an open settlement offer, even if the offer was not accepted until after the statute of limitations had expired, a Buchanan County circuit judge has ruled. The issue arose...

Family gets comp after 'police-assisted suicide'.(Douglas Dwayne Elliott )
July 31, 2006... Byline: Alan Cooper A police-assisted suicide that stemmed from a work-related back injury can be the basis for compensation to the worker's family, a deputy commissioner for the Workers' Compensation Commission ruled earlier this month....

U.S. Court of Appeals 6th Circuit Case Summaries: July 31, 2006.
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Felon In Possession - Insanity Defense - Inmate Hearsay A defendant who was arrested after he approached a Veterans Administration facility with a weapon, claiming to be an FBI agent,...

Virginia Court of Appeals Case Summaries: July 31, 2006.
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Larceny - B&E - Perpetrator Identity Circumstantial evidence supports the fact finder's conclusion that defendant was the person who burgled a glass and woodworking company in...

Virginia Circuit Court Case Summaries: July 31, 2006.
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Contract Insurance - Fire Loss A trial judge refuses to set aside a $360,000 jury verdict for a dry cleaning business that sued an insurance carrier over breach of contract involving coverage...

Verdicts & Settlements July 31, 2006: Comp claim approved following 'suicide by police'.
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Douglas Elliott was an incredibly fit man who could bench press 400 lbs., throw a calf and help out at his landlord's farm. In 2001 he suffered an on-the-job injury; he fell 26 feet from a roof and...

Verdicts & Settlements July 31, 2006: Claim for unsuccessful gallbladder op settled.
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff was a 60-year-old retired gentleman who was in reasonably good health other than a fairly severe case of diabetes. He was admitted to the hospital to have his great toe amputated. While he was...

Verdicts & Settlements July 31, 2006: Doc prevails in case over hip screw.(Brief article)
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Alleged failure of sliding variable angle hip screw because of doctor's permitting premature weight-bearing. Evidence was that immediate weight-bearing is permissible following surgical repair of hip...

Verdicts & Settlements July 31, 2006: Taxi passenger recovers for injuries from wreck.(Brief article)
July 31, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff was a 65-year-old passenger in a Red Top taxi cab which was struck by a Metro bus in Arlington, resulting in moderate property damage to the taxi. Plaintiff suffered a detached retina in his...