Virginia Lawyers Weekly articles from March 2004

Virginia Lawyers Weekly archives from March 2004

Richmond jury acquits man charged with unreasonable refusal to take breathalyzer test.
March 1, 2004... Byline: Matthew Philips A Richmond jury last month acquitted a man who was charged with unreasonable refusal to take a breathalyzer test, even though he submitted to three tests which all came up invalid. The man had been found not...

Verdicts & Settlements-March 1, 2004: Judge trebles damages in Loudoun fraud case.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff claimed damages resulting from fraud and statutory conspiracy on the part of the defendants, who induced plaintiff to invest $520,000 in a proposed golf course venture. Default on liability...

N.J. federal judge dismisses claim by municipal judge that he deserved share of TV show's profits.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff A New Jersey federal judge has thrown out a claim brought by a municipal judge seeking a piece of the action from the HBO mob drama "The Sopranos.'' The plaintiff judge claimed he had a verbal...

Attorney James Randolph "Randy" Larrick passes away at 83 years of age.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff James Randolph "Randy" Larrick, who practiced law in the Winchester-Frederick County area for over 50 years, died Oct. 14, 2003. He was 83. Mr. Larrick earned a law degree from the Washington and...

VA State Bar Council backs campaign to raise fund for legal aid, but not dues check-off.
March 1, 2004... Byline: Paul Fletcher The Virginia State Bar Council is backing a campaign to raise funds for legal aid in Virginia, but it does not want to see the money raised by a check-off mechanism on lawyers' annual bar dues statements. At least...

Loudoun County Circuit Court trebles jury award of nearly $1M.
March 1, 2004... Byline: Matthew Philips A Loudoun County Circuit Court has trebled a jury award of nearly $1 million in a case involving claims of fraud and conspiracy that arose from a failed golf course venture planned near Dulles International Airport....

Alexandria lawyer Howard Worth Smith Jr. dies at 89 years of age.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Alexandria lawyer and former commonwealth's attorney Howard Worth Smith Jr. died Dec. 29. He was 89. Mr. Smith earned a law degree in what became George Washington University's law school. He...

Virginia attorney Leslie M. Mullins passes away at 88 years of age.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Leslie M. Mullins, attorney and longtime resident of Wise County, passed away in Los Angeles Jan. 15 at the age of 88. Mr. Mullins graduated from the University of Virginia School of Law in 1942,...

Verdicts & Settlements-March 1, 2004: Motorcycle accident settles for $300,000.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff, a motorcycle rider, was stopped waiting to make a left-hand turn with his blinker activated on a clear sunny afternoon. The defendant, claiming that the car ahead of him suddenly changed...

Verdicts & Settlements-March 1, 2004: Termination for comp claim suit fails.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff This case centered around the plaintiff's claim that, after he was involved in an accident at work, he was wrongfully terminated for intending to file a worker's compensation claim related to the...

Loudoun County Circuit judge rules no conspiracy claim for any injury to officer's reputation.
March 1, 2004... Byline: Deborah Elkins A police officer who alleges he lost his job due to a couple's allegations of construction fraud and embezzlement cannot sue the couple for conspiracy to harm him in his trade, business or profession, a Loudoun...

U.S. Court of Appeals Case Summaries: March 1, 2004.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Capital Murder - School Shooting PUBLISHED ORDER By published order Feb. 17, 2004, the court amends its Dec. 17, 2003 opinion in Wilson v. Ozmint [VLW 003-2-213],...

Iowa lawmakers want to boost state revenues by taxing pornography.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff So crossover day was two weeks ago and it's way late to try to get new legislation introduced for the 2004 General Assembly session. Surely there's a loophole somewhere that could be leveraged for this...

Former Floyd County Commonwealth's Attorney Warren G. Lineberry passes away at 68 yrs. of age.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Former Floyd County Commonwealth's Attorney Warren G. Lineberry passed away on Dec. 21 in Roanoke. He was 68. An attorney in Floyd since 1962, he also served as a substitute judge. Mr....

Virginia Court Case Summaries: March 1, 2004.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Insurance Policy Coverage - Business Liability - Auto Accident Although an insured under a business liability policy contends that a standard "Individual Named Insured" Endorsement afforded him...

U.S. District Court VA Eastern Case Summaries: March 1, 2004.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Removal Jurisdiction - Amended Petition In this fraudulent inducement suit, the defendant limited liability corporation, an Alaska native LLC with its principal place of business...

Virginia Court of Appeals Case Summaries: March 1, 2004.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Sentencing - Reconsideration - Jurisdiction A trial court did not err in holding that it did not have jurisdiction to reconsider defendant's sentence for robbery and a related crime...

Virginia Circuit Court Case Summaries: March 1, 2004.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Negligence - Wrongful Death - Limitations Period Where defendant company, which filed for bankruptcy nearly one year after the death of a wrongful-death plaintiff's decedent,...

Civil War re-enactment group wants Battle of Gettysburg flag returned to Virginia.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Remember the rhubarb over the Virginia Confederate battle flag that a buncha Minnesot'ns took at Gettysburg and wouldn't give back? Remember former Gov. Jesse Ventura getting really worked up over...

An Ex-Husband's Best Friend.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Lawyers who appear before the Virginia Court of Appeals sometimes think the court splits too many hairs when deciding whether an issue has been preserved for appeal. Supreme Court Rule 5A:18...

Virginia Court of Appeals Case Summaries: March 1, 2004.
March 1, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Felon In Possession - Juvenile Adjudication In these consolidated cases involving charges of weapon possession as a felon, based on prior juvenile adjudications, the 4th Circuit...

Verdicts & Settlements-March 8, 2004: Privity applied, discrimination suit barred by res judicata.
March 8, 2004... Byline: Virginia Lawyers Weekly Staff In 2000, the plaintiff, an obstetrician/gynecologist, filed his first suit against Wellmont Health System, a Tennessee corporation. Wellmont operates the Wellmont Lonesome Pine Hospital in Big Stone...

Multi-County Motorcycle Chase in Va. Nets One Conviction.
March 8, 2004... Byline: Matthew Philips A man charged with reckless driving and felony eluding in both Hanover and Spotsylvania Counties can only be prosecuted for those offenses in one jurisdiction under the Double Jeopardy Clause of the U.S....

Roanoke County Circuit judge rules lawyer who talked to wife cannot represent husband.
March 8, 2004... Byline: Deborah Elkins Although a wife signed a disclaimer acknowledging that her initial interview with a divorce lawyer did not create a confidential attorney-client relationship, the lawyer nevertheless had to withdraw from his later...

VA State Bar leaders successful in delaying dues check-off bill until next year.
March 8, 2004... Byline: Paul Fletcher Virginia State Bar leaders were successful last week in lobbying the Senate Courts of Justice Committee to carry over a bill establishing a legal aid contribution check-off on lawyers' annual dues statements. By...

Verdicts & Settlements-March 8, 2004: Plaintiff awarded $200,000 in auto negligence case.
March 8, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was sitting at a stop sign at an intersection when defendant's car went off a side road and struck the plaintiff's vehicle. Plaintiff suffered a concussion, broken ribs, head lacerations, and...

Richmond federal judge rules company cannot blame default on its carrier.
March 8, 2004... Byline: Paul Fletcher A company that forwarded a sexual harassment complaint to its employment practices carrier but did not follow up to see if an answer had been filed cannot set aside a default judgment, a Richmond federal judge has...

U.S. Court of Appeals Case Summaries: March 8, 2004.
March 8, 2004... Byline: Virginia Lawyers Weekly Staff Consumer Protection Tax Service Advertising - Injunction - Contempt A district court did not err in denying plaintiff tax-preparation service's motion to hold in contempt defendant, a competing...

U.S. District Court VA Eastern Case Summaries: March 8, 2004.
March 8, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Default Judgment - Carrier Responsibility - Employment Discrimination A district court refuses to set aside a default judgment against an employer in a woman's Title VII suit...

Virginia Court of Appeals Case Summaries: March 8, 2004.
March 8, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Contempt - GAL Fees A divorce court did not err in citing a mother for contempt for failing to pay her share, or one-half, of the fees for the guardian ad litem for the couple's...

Virginia Circuit Court Case Summaries: March 8, 2004.
March 8, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Limitations - Estate As Defendant - Personal Representative Where plaintiff was rear-ended by another vehicle in 1999, and the driver of that vehicle died on May 2, 2001,...

VA Lawyers in the News: March 15, 2004.
March 15, 2004... Byline: Virginia Lawyers Weekly Staff Kevin B. Rack has been named to the board of directors of Senior Services of Southeastern Virginia (formerly known as SEVAMP) by the Virginia Beach City Council. Rack practices in the firm of Midgett...

Supreme Court of VA rules circuit judge made error by dissolving LLC.
March 15, 2004... Byline: Paul Fletcher A circuit judge hearing a dispute between two members of a limited liability company that provides computer telephone software made the proper ruling when he expelled one member of the LLC, the Supreme Court of...

Roanoke doctor settles wrongful death case for $50K.
March 15, 2004... Byline: Matthew Philips In a case demonstrating the fallout of last year's collapse of Doctors Insurance Reciprocal, a Roanoke physician has settled a wrongful death suit for $50,000. According to his attorney, John T. Jessee, Dr. Paul...

U.S. Court of Appeals Case Summaries: March 15, 2004.
March 15, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Food Stamp Disqualification - Cash Register Tapes Where a supermarket owner/operator had no explanation for his store's occasional collection of more in food stamp reimbursements...

Virginia Supreme Court Case Summaries: March 15, 2004.
March 15, 2004... Byline: Virginia Lawyers Weekly Staff Attorneys Discipline - Demand For Information Although a lawyer did not appear before a disciplinary hearing because he failed to note the hearing date on his calendar, this omission did not...

Supreme Court of VA rules discharged medical bills can show pain and suffering.
March 15, 2004... Byline: Paul Fletcher Where a woman discharged in bankruptcy the medical bills she incurred as the result of an auto accident, she may use the amount of the bills in her negligence suit to show her pain and suffering, a divided Supreme...

Group of VA senators kill resolution commending Univ. of Virginia Pep Band.
March 15, 2004... Byline: Virginia Lawyers Weekly Staff In the rush of legislation during the last weeks of the 2004 General Assembly, it's worth noting some senators found time to take a poke at the University of Virginia Pep Band. If you're a Wahoo,...

Independent Legal Aid Society Sues Legal Services Corporation Of Va. For Funding.
March 15, 2004... Byline: Matthew Philips The state's only independent legal aid society is suing to get a piece of the legal aid funds administered by Legal Services Corporation of Virginia. Client Centered Legal Services, a licensed legal aid society...

VA General Assembly passes state-run medical insurance plan.
March 22, 2004... Byline: Virginia Lawyers Weekly Staff The General Assembly has passed a bill that would make Virginia the nation's only state where doctors and hospitals could seek malpractice insurance from a publicly funded program. Senate Bill 601,...

Verdicts & Settlements-March 22, 2004: Motorcycle accident settles for $300,000.
March 22, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff, a motorcycle rider, was stopped waiting to make a left-hand turn with his blinker activated on a clear sunny afternoon. The defendant, claiming that the car ahead of him suddenly changed...

Charlottesville 'Restorative Justice' Program To Expand.
March 22, 2004... Byline: Brent Baldwin The Charlottesville-based Central Virginia Restorative Justice organization is preparing to expand its successful juvenile diversion program into Albemarle County this year. And Virginia leaders of the restorative...

Virginia Court Case Summaries: March 22, 2004.
March 22, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Medicaid Overpayment - Provider Reimbursement Where the Department of Medicaid Assistance Services seeks to recoup Medicaid overpayments made to a nursing home, the department...

Stalemate in VA General Assembly leaves two open judgeships.
March 22, 2004... Byline: Matthew Philips A stalemate in the 2004 General Assembly has left circuit judgeships in Hampton and Alexandria unfilled. The seats remained vacant when the legislature closed its regular business on March 13 and turned to the...

Fairfax judge rules no lawyer fee award for spousal support increase.
March 22, 2004... Byline: Deborah Elkins Even though a wife won an increase in spousal support after a final divorce decree, she could not collect her attorney's fees for that effort, a Fairfax Circuit judge has ruled. After increasing the wife's...

U.S. Court of Appeals Case Summaries: March 22, 2004.
March 22, 2004... Byline: Virginia Lawyers Weekly Staff Civil Rights Excessive Force - Qualified Immunity - Suicide Threat The 4th Circuit denies a petition for rehearing and rehearing en banc in this case [VLW 003-2-202], in which a panel earlier...

Virginia Circuit Court Case Summaries: March 22, 2004.
March 22, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Declaratory Judgment - State Agency Defendant A "Notice of Violation" sent to plaintiffs by the Department of Environmental Quality inviting them to contact a staff member to...

Commentary: Letter to the Editor: Court-appointed work should count as pro bono.
March 22, 2004... Byline: Virginia Lawyers Weekly Staff Dear Editor: Virginia's criminal defense bar by now should know better than to hope for the General Assembly to significantly increase the court-appointed fee schedule ("New Report Faults State's...

Fredericksburg Circuit judge rules med-mal claim cannot be based on apparent agency.
March 29, 2004... Byline: Paul Fletcher A trucker who claims he received negligent care at a hospital cannot base a negligence case against the hospital on apparent authority, a Fredericksburg Circuit judge has ruled in a case of first impression. The...

U.S. Court of Appeals Case Summaries: March 29, 2004.
March 29, 2004... Byline: Virginia Lawyers Weekly Staff Bankruptcy Garnishment Order - Preferential Transfer The order of the district court appealed from is described in Bank of America N.A. (USA) v. Stine, 252 B.R. 902 (D. Md. 2000), and the case...

Richmond lawyer Augustus Charles Epps dies at 88 years of age.
March 29, 2004... Byline: Virginia Lawyers Weekly Staff Richmond lawyer Augustus Charles Epps, a past president of the Richmond and Virginia bar associations, died March 17. He was 88. A native of Richmond, Mr. Epps received his undergraduate degree in...

U.S. District Court VA Eastern Case Summaries: March 29, 2004.
March 29, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Small Business Program - Decertification A district court upholds the decision of defendant U.S. Small Business Administration to decertify plaintiff machine company as a...

Virginia Circuit Court Case Summaries: March 29, 2004.
March 29, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Default Judgment - Personal Jurisdiction - Defective Service Of Process Where a woman's estate sued defendant physician alleging he participated in the fraudulent provision of...

VA General Assembly elects 14 first-time judges.
March 29, 2004... Byline: Matthew Philips In the waning days of the 2004 session, the General Assembly filled 17 judgeships, 14 of which will be served by first-time judges. Three current general district court judges were elevated to fill circuit court...

Botetourt County Circuit Judge George E. Honts III dies at age 64.
March 29, 2004... Byline: Virginia Lawyers Weekly Staff Botetourt County Circuit Judge George E. Honts III died March 23, two months after announcing his retirement from a hospital bed. He was 64. Judge Honts died at Lewis-Gale Hospital in Salem, where...

Va. Unauthorized Practice of Law Panel: Non-Lawyer Can Handle Arbitration.
March 29, 2004... Byline: Brent Baldwin It is not the unauthorized practice of law for the non-lawyer officer of a corporation to represent the company in an arbitration proceeding in Virginia, according to a new Unauthorized Practice of Law Opinion from...

Changing Rule Could Speed Up Case E-Filing.
March 29, 2004... Byline: Deborah Elkins The Supreme Court of Virginia should amend its rule on electronic case filing to allow any party in a case to use e-filing technology as it becomes available around the state, according to the Virginia General...

Virginia Court of Appeals Case Summaries: April 5, 2004.
March 29, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Felon In Possession - Firearms Dealer's Assurances Although defendant contends he gave the Virginia-licensed firearms dealer the necessary information to perform a criminal records...

Fairfax jury finds drunken man with key in ignition not guilty of DUI.
March 29, 2004... Byline: Matthew Philips A Fairfax jury has returned a not guilty verdict in the case of a drunken man who had turned his keys in his car's ignition to listen to the radio then fallen asleep. Police found the man unconscious in his car;...