Virginia Lawyers Weekly articles from June 2005

Virginia Lawyers Weekly archives from June 2005

Verdicts & Settlements (June 6, 2005): Jury finds defendant solely liable for auto accident.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff The plaintiff's vehicle was struck head-on by the defendant's vehicle on Route 123 close to the Occoquan River Bridge. The defendant alleged that a "John Doe" driver attempted to pass her on the right...

Personal injury case in Richmond federal court relied on the weather condition at the time of injury.
June 6, 2005... Byline: Paul Fletcher Was it still snowing when a man slipped and fell at a Hardee's restaurant? That question was the crux of a personal injury case in Richmond federal court. The plaintiff slipped and fell on a sidewalk outside a...

VA Code Commission to revamp Virginia Code for 2007.
June 6, 2005... Byline: Deborah Elkins A lawyer goes to traffic court with a client. The lawyer knows what the charge is and what the statutes say. He hasn't needed to carry a copy of the pertinent Code sections in years. Across town, another lawyer...

Only the best for this cat who loves cheese.(Brief Article)
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Okay, what is it with the English and cheese? A British cheese company said that a small piece of their special blend of extra-strong cheddar cheese, branded "TNT," had sold on the Internet auction...

Chicken in California beats rap.(Brief Article)
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Here's the other shoe dropping on the jaywalking chicken in California. Last month, you will recall, we reported that a deputy in Ridgecrest, Calif., a town 100 miles north of L.A., had ticketed a...

Nashville, TN. mother indicted by grand jury for hiring stripper for her 16-year-old son's birthday.(Brief Article)
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Here's an item straight out of the "What Were They Thinking" file. Over in Nashville, Tenn., a mother wanted to give her 16-year-old son a birthday party to remember. So she hired a stripper....

Marijuana plant growing in Boulder , CO can be amusing.(Brief Article)
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Boulder, Colo., is a hippie town. How much so? A cop there is walking down the street, sees some tulips on the Pearl Street Mall. Next to the tulips is a little plant, a marijuana sprout. ...

VA Lawyers in the News: June 6, 2005.(Troutman Sanders LLP)
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Donald G. Owens, a 1971 alumnus of William & Mary Law School and a partner in the Richmond office of Troutman Sanders LLP, received the law school's Citizen Lawyer Award during commencement exercises...

Commentary: Changes in Intellectual Property Insurance.
June 6, 2005... Byline: Michael G. Vartanian and Anthony P. Ferman A self-proclaimed "pioneer in the field of corporate intellectual property insurance" now offers insurance coverage for the defense of patent infringement claims, even after describing such...

U.S. Court Of Appeals Case Summaries: June 6, 2005.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Mail Fraud - Bingo - Falsified Reports On rehearing, the 4th Circuit holds that a defendant who participated in a scheme to defraud a speech and hearing center that received funds...

U.S. District Court VA Eastern Case Summaries: June 6, 2005.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Attorneys Expert Witness - Ex Parte Communication - Sanction A plaintiff's lawyer who advertises on a particular tv station, and who complained to that station's manager about the station...

Virginia Court Of Appeals Case Summaries: June 6, 2005.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Child Abuse/Neglect - Sex Offender Treatment A defendant who admitted he was in violation of his probation and parole convictions at the time minor children in his residence were...

Virginia Circuit Court Case Summaries: June 6, 2005.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Administrative College Tuition - Residency Status A third-year pharmacy student at Virginia Commonwealth University is eligible for Virginia residency status for in-state tuition purposes, and...

Verdicts & Settlements June 6, 2005: Failure to diagnose penile cancer results in $6.5M verdict.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff On April 26, 2001, the plaintiff first saw the defendant, Yousef H. Salem, a urologist with Adult & Pediatric Urologists of Northern Virginia, located in Alexandria. The plaintiff complained of a warty...

Verdicts & Settlements June 6, 2005: Post-wreck heart attack case settles for policy limits.
June 6, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff sustained extensive musculoskeletal injuries and a chest wall contusion after the vehicle he was driving was struck broadside by the defendant's car. Liability was not contested. Plaintiff was...

Verdicts & Settlements-June 13, 2005: Brain-injury wreck mediated for $230K.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff The plaintiff was the driver in a company van delivering windows. The defendant was the driver of a company tractor-trailer making a left turn in front of the plaintiff. Defense argued contributory...

Trust as tenant does not prevent partition, rules commissioner in chancery.
June 13, 2005... Byline: Deborah Elkins A parcel of real estate can be divided among siblings who are tenants in common, even when one of the tenants is a trust subject to anti-alienation and spendthrift clauses. A commissioner in chancery who heard...

Commentary: There's buried treasure in your Word documents.
June 13, 2005... Byline: Bruce L. Dorner Our paper documents are a legal treasure chest. Not only do they contain pearls of legal wisdom to be shared with our clients, but they also include buried artifacts that may be both beneficial and harmful. These...

Nationwide survey by human resource group finds more employers offering flextime option.
June 13, 2005... Byline: Adina Glenn (This article originally ran in the Long Island Business Journal, Long Island, NY, another Dolan Media publication.) When it comes to bending over backward to keep employees happy, many employers are turning to...

Commentary: The excellent work force - the power of training.
June 13, 2005... Byline: Wayne Belanger (This article originally ran in The Daily Reporter, Milwaukee, WI, another Dolan Media publication.) The book "Good to Great" by Jim Collins, the co-author of "Built to Last," examines the results of a five-year...

Commentary: Making joint retirement a reality for you and yours.
June 13, 2005... Byline: Gary S. Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) It's bound to happen at some point for working couples. One spouse gets the itch to retire or is forced to...

Employment experts believe that resume fraud among white-collar execs is increasing.
June 13, 2005... Byline: Ken Schachter (This article originally ran in the Long Island Business News, Long Island, NY, another Dolan Media publication.) A Notre Dame football coach did it. So did the physician who advises Major League Baseball. Even a...

U.S. Court of Appeals Case Summaries: June 13, 2005.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff Civil Rights Constitutional - Privacy Right - 'Partial Birth Abortion' A Virginia statute banning "partial birth abortion" that does not provide an exception for circumstances when the banned...

U.S. District Court VA Eastern Case Summaries: June 13, 2005.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Evidence - Motion In Limine - Fiduciary Duty - National Security Defense In this suit alleging breach of fiduciary duty by two former officers of debtor company, which provided...

Virginia Court of Appeals Case Summaries: June 13, 2005.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Sanctions - Real Estate Agents - Fraud - Final Order Two real estate agents who were sanctioned by the Virginia Real Estate Board cannot appeal a circuit court's remand of a...

Verdicts & Settlements-June 13, 2005: Isle of Wight County prevails in connection-fee case.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiffs filed this matter on Sept. 17, 2004. The action sought a refund of utility connection fees paid for two subdivisions in Isle Of Wight County, and an injunction forbidding the county from...

Verdicts & Settlements-June 13, 2005: Driver struck house, woman inside injured.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff was in her daughter's bedroom when the defendant, driving a pick-up truck, left the roadway and ran into the side of the plaintiff's house, knocking her down and injuring her back. Plaintiff...

Verdicts & Settlements-June 13, 2005: Rear-ender nets $70K, nearly twice the Colossus projection.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff The 58-year-old plaintiff was stopped in traffic when struck from the rear and pushed into the vehicle in front of her. She immediately experience pain in her abdomen and low back. While emergency...

Verdicts & Settlements-June 13, 2005: Auto wreck mediated for $1.95M.
June 13, 2005... Byline: Virginia Lawyers Weekly Staff An 81-year-old man was injured by tractor trailer, and he has approximately six years of life expectancy. Defendant suffered amputations of both legs and did not recall the accident. Type of...

Norfolk lawyer Howard W. Martin Jr. to run for president-elect of VA State Bar.(Virginia )
June 20, 2005... Byline: Paul Fletcher Norfolk lawyer Howard W. Martin Jr. will run for president-elect of the Virginia State Bar for the 2006-2007 term. Martin, 63, has filed a petition with the VSB declaring his candidacy. While candidates for...

200-lb. bear charges into Harrisonburg home, attacks dog, damages basement room.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff In Harrisonburg, a 200-pound black bear charged into a home and went on a 40-minute rampage, attacking a dog and damaging a basement guest room as it tried to claw its way out. Rosie, a 3-year-old...

Police arrest Memphis ice cream man for selling drugs.(Brief Article)
June 20, 2005... Byline: Virginia Lawyers Weekly Staff Boy, has it been hot. Over in Memphis, an ice cream man was feeling a different kind of heat when the cops pinched him for selling drugs along with his frosty treats. Authorities said Marshall...

Former stripper elected judge of the Municipal Court in Henderson, Nevada.(Diana Hampton)(Brief Article)
June 20, 2005... Byline: Virginia Lawyers Weekly Staff For those keeping track, here's another good argument for keeping our present system of judicial selection in Virginia, where the General Assembly elects judges. The state is Nevada. In the...

U.S. Court of Appeals Case Summaries: June 20, 2005.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Medicaid Reimbursement - Md. Law - Abstention A district court erred in invoking the abstention doctrine in Colorado River Cons. Distr. v. U.S., 424 U.S. 800 (1976), to refrain...

Virginia Court of Appeals Case Summaries: June 20, 2005.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Child Pornography - Computer Images - 'Possession' A defendant who controlled the residence where police, pursuant to a warrant, searched his home computer for evidence of child...

Virginia Circuit Court Case Summaries: June 20, 2005.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Va. FOIA - Agency Records A plaintiff who obtained records from the Virginia Department of Game and Inland Fisheries pursuant to the Virginia Freedom of Information Act is...

Verdicts & Settlements-June 20, 2005: Woman recovers under whistleblower provision.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff This case involved a complaint filed by the Relator, Cynthia Young, in the United States District Court for the Eastern District of Virginia under 31 U.S.C. Sect. 3729, et seq., the federal civil...

Verdicts & Settlements-June 20, 2005: Death of child from gall bladder puncture settled for $875K.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff This was a wrongful death action arising out of the death of a 12-year-old child who underwent a liver biopsy after her blood work was found abnormal. The defendant physician performed the biopsy...

Verdicts & Settlements-June 20, 2005: Tow truck driver recovers over $385K for accident.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff The plaintiff was a 47-year-old tow truck owner. He was towing two vehicles on Dec. 9, 2002, east on Route 460 in Sussex County when a truck coming from the opposite direction collided with another...

Candidates for VA Attorney General to debate.
June 20, 2005... Byline: Paul Fletcher The Republican and Democratic candidates for Attorney General will face each other for the first time tomorrow. Democrat Creigh Deeds and Republican Bob McDonnell will meet in a debate sponsored by the Virginia...

VA State Bar honors local and specialty bars for public service projects throughout the state.
June 20, 2005... Byline: Virginia Lawyers Weekly Staff The Virginia State Bar's Conference of Local Bar Associations holds an Awards of Merit competition each year to recognize outstanding public service projects conducted by local and specialty bars...

Supreme Court of Virginia passes rule on online research tool.
June 27, 2005... Byline: Paul Fletcher Plans for an online legal research system available to all Virginia lawyers continue to move forward. The online research tool is a high priority for Virginia Chief Justice Leroy R. Hassell Sr., Virginia State Bar...

Roanoke federal judge rules fired worker can't sue his boss for discharge.
June 27, 2005... Byline: Paul Fletcher An optician who worked at a Roanoke optical shop cannot sue the boss who fired him for wrongful discharge, a Roanoke federal judge has ruled in a case of apparent first impression. The company is the party who...

Judge Martin Clark speaks at Virginia State Bar banquet.(Martin F. Clark Jr.)
June 27, 2005... Byline: Brent Baldwin Virginia State Bar President David P. Bobzien said that the VSB usually went with scholarly types as their banquet speakers - but this year they wanted humor. This statement left Judge Martin F. Clark Jr., the...

Local and specialty bars are honored by the Virginia State Bar.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff VIRGINIA BEACH--The Virginia State Bar's Conference of Local Bar Associations holds an Awards of Merit competition each year to recognize outstanding public service projects conducted by local and...

U.S. Court of Appeals Case Summaries: June 27, 2005.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Antitrust Sherman Act - Shipping Act Immunity - DOD Contracts - Overseas Transport Defendant moving companies that engaged in a bid-rigging scheme to raise prices the Department of Defense...

U.S. District Court VA Eastern Case Summaries: June 27, 2005.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Service Of Process - Foreign Businessman - Attorney Contact A businessman who previously owned several businesses in Virginia but who presently resides somewhere in Pakistan...

U.S. District Court VA Western Case Summaries: June 27, 2005.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Diversity Jurisdiction - Fraudulent Joinder - Wrongful Discharge Claim An optician who claims he was fired in retaliation for his complaints to his employer about fraudulent...

Virginia Court of Appeals Case Summaries: June 27, 2005.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Grand Larceny - Winning Lottery Ticket Although a lottery ticket was a winner in the amount of $2,500, the Court of Appeals agrees with defendant that the value of the ticket as a...

Verdicts & Settlements-June 27, 2005: Routine at board meeting results in defamation verdict.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff During a crowded, televised public meeting of the Loudoun County Board of Supervisors, time was set aside for citizens to give their input on matters of public concern. The on-going debate over...

Verdicts & Settlements-June 27, 2005: Motor vehicle accident in NC settles.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff, a Portsmouth resident, was a 33-year-old logger waiting for oncoming traffic to cross at a rural crossroad with a stop sign/stop light in Hertford County, N.C., when he was struck by...

Verdicts & Settlements-June 27, 2005: Birth injury results in cerebral palsy.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff was injured at birth, a hypoxic, ischemic encephalopathy resulting in cerebral palsy as a result of the labor and delivery complications. The nurse and the obstetrician at a small North...

Verdicts & Settlements-June 27, 2005: Passenger, disabled in single-car accident, settles for $2.3M.
June 27, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff was a passenger in a single-car crash on the interstate. Plaintiff was a domestic housekeeper being transported from winter to summer home of insured in insured's vehicle by transporter -...