Virginia Lawyers Weekly articles from March 2005

Virginia Lawyers Weekly archives from March 2005

VA Bar Assn. says state of indigent defense is 'deplorable'.
March 7, 2005... Byline: Dara McLeod A new Virginia Bar Association report recommends that urgent steps be taken to address the "deplorable" state of indigent defense in Virginia. With its report, the VBA joins a large and diverse group of critics of...

U.S. Court of Appeals Case Summaries: March 7, 2005.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Avoidable Transfers - Post- Petition Interest Payments A debtor company's interest payments on a post-petition life insurance policy loan constituted avoidable transfers under 11...

U.S. District Court VA Eastern Case Summaries: March 7, 2005.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Death Penalty Notice - Bifurcated Proceeding - Witness Statements The district court will bifurcate the sentencing proceedings in this capital case, and allow the government to...

U.S. District Court VA Western Case Summaries: March 7, 2005.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Sentencing - Booker - Sect. 2255 Motion A defendant convicted of conspiracy to distribute crack cocaine is not entitled to be resentenced on a 28 U.S.C. Sect. 2255 motion based on...

Virginia Court of Appeals Case Summaries: March 7, 2005.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Appeals - Consent Dismissal Order - Mootness A settlement agreement between the Mattaponi Indian Tribe and the Virginia Marine Resources Commission and the City of Newport News,...

Verdicts & Settlements-March 7, 2005: Defense verdict in Portsmouth med mal case.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Emily Hayes was 26 years old and pregnant with her second child when she was admitted to Chesapeake General Hospital for induction of labor on March 29, 2000. Her water broke the next morning, after...

Budget compromise passes; Virginia General Assembly adjourns.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff In minutes, the House and Senate voted in a Sunday overtime session on Feb. 27 for a budget compromise forged in a week of nearly round-the-clock haggling and ended the 2005 General Assembly. The...

VA legislative session remembered by scattered agenda, election-year battles.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff It was a legislature that wiped out the state tax people pay on groceries, profoundly changed public college governance and made the largest one-time commitment to transportation ever. But the 2005...

Proposed gay marriage ban wins final approval by VA General Assembly.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff A proposed constitutional amendment to ban gay marriage in Virginia easily won final General Assembly approval Feb. 26. The House of Delegates voted 79-17 and the Senate voted 30-10 to pass the...

Virginia Senate Democrat adds name to field for lieutenant governor.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Sen. Phillip Puckett last Monday announced his candidacy for the Democratic nomination for lieutenant governor. Puckett, who is staking out health care as a campaign theme, is among at least four...

Virginia Lawyers in the News: March 7, 2005.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Two lawyers have joined Marks & Harrison as associates. John D. Ayers will focus his practice exclusively in representation of the injured. Ayers earned his undergraduate degree from Virginia...

Virginia Lawyers Weekly presents survey of "Largest Defense Verdicts of 2004".(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff In this issue, Virginia Lawyers Weekly is pleased to present the survey of the "Largest Defense Verdicts of 2004." This survey runs in tandem with the annual feature we published in January, the...

Largest Defense Verdicts of 2004: 1st- $3.5M in medical malpractice/battery case.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff # 1 - $3.5M Lowest Demand: $3.5 million Highest Offer: None Type of Case: Medical Malpractice/Battery Case Name: Ferguson v. Smith Court: Circuit Court of Chesterfield County ...

Largest Defense Verdicts of 2004: 2nd- $3M in medical malpractice case.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #2 - $3M Lowest Demand: $3 million Highest Offer: None Type of Case: Medical Malpractice Case Name: Confidential Court: Circuit Court of Richmond Attorneys: John M....

Largest Defense Verdicts of 2004: 3rd- $1.5M in medical malpractice case.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #3 - $1.5M Lowest Demand: $1.5 million Highest Offer: None Type of Case: Medical Malpractice Case Name: Price v. Solan Court: Circuit Court of Richmond Attorneys: Robert F....

Largest Defense Verdicts of 2004: 4th- $1.4M in medical malpractice case.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #4 - $1.4M Lowest Demand: $1.4 million Highest Offer: None Type of Case: Medical Malpractice Case Name: Confidential Court: Circuit Court of Prince William County Attorneys:...

Largest Defense Verdicts of 2004: 5th- $1.2M in medical malpractice case.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #5 - $1.2M Lowest Demand: $1.2 million Highest Offer: none Type of Case: Medical Malpractice Case Name: Davis v. Beaver Court: Danville Circuit Court Attorneys: John M....

Largest Defense Verdicts of 2004: 6th- $1M in medical malpractice case.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #6 - $1M Lowest Demand: $1 million Highest Offer: none Type of Case: Medical Malpractice Case Name: Braden v. Jane Doe, MD Court: Circuit Court of the City of Newport News ...

Largest Defense Verdicts of 2004: 7th- $1M in medical malpractice case.(Augusta Health Care Inc.)(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #7 - $1M Lowest Demand: $1 million Highest Offer: None Type of Case: Medical Malpractice Case Name: Stiltner v. Augusta Health Care Inc. Court: Augusta County Circuit Court ...

Largest Defense Verdicts of 2004: 8th- $850K in products liability case.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #8 - $850K Lowest Demand: $850,000 Highest Offer: None Type of Case: Products Liability Case Name: Atmos Energy Corporation v. Empire Pipe & Supply Company Court: USDC, Western...

Largest Defense Verdicts of 2004:9th (tie)- $750K in trademark infringement case.(Brief Article)
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #9 (TIE) - $750K Lowest Demand: $750,000 and cessation of use of First Care mark Highest Offer: First Care offered to change its name if CareFirst paid for new signage and letterhead, etc. ...

Largest Defense Verdicts of 2004: 9th (tie)-$750K in medical negligence case.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #9 (TIE) - $750K Lowest Demand: $750,000 Highest Offer: None Type of Case: Medical Negligence Case Name: Confidential Court: Fairfax County Circuit Court Attorneys: Susan...

Largest Defense Verdicts of 2004: 9th (tie)-$750K in medical malpractice case.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff #9 (TIE) - $750K Lowest Demand: $750,000 Highest Offer: None Type of Case: Medical Malpractice Case Name: Estate of Ludwig v. Brown, M.D. Court: Circuit Court for the City of...

Commentary: Where is your estate planning practice headed?
March 7, 2005... Byline: Ralph A. Gigliotti "The only constant is change," wrote the Greek philosopher Heraclitus. That expression accurately describes the business environment for tax professionals who know the rigorous effort required to keep abreast...

Verdicts & Settlements-March 7, 2005: Neck injury settles for $75,000.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff was driving his vehicle on I-664 in Suffolk. The defendant made an improper lane change and crashed into plaintiff's vehicle. The impact caused plaintiff to sustain severe injuries to his...

Verdicts & Settlements-March 7, 2005: Jury finds for defense in surgery death.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff A 53-year-old woman was admitted to MCV Hospital for repair of a massive hiatal hernia in October of 2001. The attending anesthesiologist was William F. Brown, M.D., who was working as a locum tenens at...

Verdicts & Settlements-March 7, 2005: GM pays $12.9M after wrongful death in Pennsylvania.
March 7, 2005... Byline: Virginia Lawyers Weekly Staff A husband, wife and young child from Centreville in three-week old Chevy Lumina were hit by a tractor trailer while stopped in traffic in Lancaster, Pa. All three victims survived collision but died...

VA General Assembly passes insurance bill with last-minute compromise.
March 14, 2005... Byline: Dara McLeod A compromise liability insurance bill passed by the General Assembly authorizes an insurer to limit its liability for any one accident to the per occurrence limits stated in the policy, but it also would allow a...

VA Supreme Court fills executive slots.
March 14, 2005... Byline: Brent Baldwin The Supreme Court's Office of the Executive Secretary is getting a makeover. As veteran court administrators Robert N. Baldwin and Kathy L. Mays prepare for retirement in April, the high court has announced new...

Commentary: Letter to the Editor: Legal aid lawyer responds on 'parental abuse' cases.
March 14, 2005... Byline: Virginia Lawyers Weekly Staff Dear Editor: I read with interest Hugh F. O'Donnell's article "What's Wrong With the Picture: The Other Side of Representing Parents in Child Protection Cases" [VSB Family Law News, Fall 2004] and...

Spyware, a relatively new problem in the high-tech world.
March 14, 2005... Byline: Stephanie Cline, Dolan Media Newswires They pop up on computers all over the country. The ads that often make Internet browsing and research a chore have a way of slowing things down. They want people to click yes to receive a free...

U.S. Court of Appeals Case Summaries: March 14, 2005.
March 14, 2005... Byline: Virginia Lawyers Weekly Staff Civil Rights Sex Discrimination - Title IX - Female Place Kicker - Attorney's Fees Although Duke University contends plaintiff, an all-state high school place kicker who became the first...

Virginia federal judge rules carrier can sue law firm it hired to defend insured.(cases)(General Security Ins. Co. v. Jordan, Coyne and Savits LLP)
March 14, 2005... Byline: Dara McLeod An insurance carrier can sue a law firm that the carrier hired to represent its insured for legal malpractice, but Virginia law does not permit an assignment of such a claim, an Alexandria federal judge has ruled. ...

Commentary: Tools of the trade: Upgrading your law office.
March 14, 2005... Byline: Lee S. Rosen Walk into some hotels and the clerk punches your name into the computer. Your reservation is located, a room is assigned, key cards are coded and you are on your way up. When you place a call the toll charges are...

U.S. District Court VA Eastern Case Summaries: March 14, 2005.
March 14, 2005... Byline: Virginia Lawyers Weekly Staff Attorneys Legal Malpractice - Auto Default Judgment - Claim Assignment An insurance carrier that hired a law firm to defend a policyholder - a limousine service being sued by a passenger after...

Alexandria federal magistrate judge rules for mandatory jail time for DUI at Pentagon.(Driving Under Influence)
March 21, 2005... Byline: Deborah Elkins A driver who violated federal law by driving drunk on the grounds of the Pentagon must serve the mandatory jail time prescribed under Virginia traffic law as of July 1. An Alexandria federal magistrate judge said...

Breach of McLean clothier's noncompete nets $1.6M verdict.
March 21, 2005... Byline: Paul Fletcher Doug Thompson was a man who sold suits - very nice suits to very wealthy people. He sold nearly a million dollars' worth of clothing a year. He was the top producer at James Ltd., a high-end clothier in the...

Virginia Lawyers in the News: March 21, 2005.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff Three lawyers in the Richmond office of Williams Mullen Benjamin C. Crumpler, J. Conrad Garcia and Stephen C. McCoy have been named partners in the firm Crumpler is a member of the business...

Danville lawyer Charles A. Moreau is deceased.(Brief Article)(Obituary)
March 21, 2005... Byline: Virginia Lawyers Weekly Staff Danville lawyer Charles A. Moreau died March 14 after a two-year battle with melanoma. He was 42. A native of Louisiana, Mr. Moreau attended McNeese State University and the T.C. Williams School of...

Commentary: Wireless security: The newest oxymoron?
March 21, 2005... Byline: Ross Kodner (This story originally was published in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media Company publication). It is not uncommon for the average lawyer today to have a wireless-equipped laptop, as well...

Charlottesville lawyer files suit to recover his court-appointed fees.(Steven D. Rosenfield)
March 21, 2005... Byline: Dara McLeod A Charlottesville lawyer whose attorney's fees for handling a capital case were reduced by 74 percent has filed a federal lawsuit in an effort to recover another $28,000 in compensation. Steven D. Rosenfield, who...

U.S. Court of Appeals Case Summaries: March 21, 2005.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Appeals - 'Person Aggrieved' - Waiver In this Chapter 7 bankruptcy proceeding involving a broadcasting company, an individual owner of 55 percent of the broadcasting company's...

U.S. District Court VA Eastern Case Summaries: March 21, 2005.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff Admiralty Limitation Of Liability - Tug Owner - Seaman's Injury A deckhand who was injured in an accident on navigable waters loses his motion to dismiss a dredging company's action to limit...

Virginia Court of Appeals Case Summaries: March 21, 2005.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Robbery Conspiracy - Victim Impact Testimony - Murder Victim A defendant who was convicted of conspiracy to commit robbery, but acquitted of related murder charges, could not exclude...

Virginia Circuit Court Case Summaries: March 21, 2005.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Discount Store - Ch. 11 - Personal Injury Suit A circuit court grants defendant K-Mart's motion to dismiss a customer's lawsuit for personal injuries allegedly suffered while she...

Verdicts & Settlements March 21, 2005: Death case mediated for $1 million.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff At approximately 12:40 a.m. on Jan. 19, 2002, the defendants' eastbound tractor-trailer crossed the median of Interstate 64 and crashed head-on into the car in which the plaintiff's decedent was...

Verdicts & Settlements March 21, 2005: Drinking death settles in mediation for $250,000.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff On the late evening of Jan. 11, 2002, the decedent, James Doe, and his friend were drinking at a local gentlemen's club in West Virginia. Jane Doe alleges that James Doe was served alcohol to the point...

Verdicts & Settlements March 21, 2005: Back injury settles for $250,000 in mediation.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff James Greene was stopped at a red traffic light in a line of traffic when he was struck from the rear by a 3-axle heavy-duty Ford dump truck operated by the defendant, Bobby Dotson. Although there was...

Verdicts & Settlements March 21, 2005: Chesterfield County verdict of $45,000 in rear-end accident.
March 21, 2005... Byline: Virginia Lawyers Weekly Staff The case involved a rear-end collision in August 2003 with moderate property damage to both vehicles. The defense admitted liability. The plaintiff is a 70-year-old retired Powhatan resident. The...

Bankruptcy bill is sailing through Congress.
March 28, 2005... Byline: Reni Gertner A bill that would make it more difficult for debtors to file for bankruptcy is sailing through Congress and is expected to be signed into law within the next month. The bill has been debated in Congress for nearly...

Indiana pet shop owner sees image of Satan on turtle's shell.(Brief Article)
March 28, 2005... Byline: Virginia Lawyers Weekly Staff A pet shop in Indiana burned a few months ago, and there was on survivor - a turtle. But the animal's owner says he sees an image of Satan's face on its shell. "The marking on the shell was like...

Schiavo case renews attention to laws on advance directives.(Terri Schiavo)
March 28, 2005... Byline: Dara McLeod The legal battle being waged over the fate of Terri Schiavo, the brain-damaged Florida woman whose feeding tube has been removed, is likely to renew interest among Virginia lawyers and their clients in the state's...

Virginia Court of Appeals is celebrating 20 years.
March 28, 2005... Byline: Brent Baldwin The Court of Appeals of Virginia is celebrating the 20th anniversary of its creation by the General Assembly this week. Created out of a need to increase appellate court capacity, the original 10-member judge...

NY's Daily News has apparent misprint of winning lottery numbers.(Brief Article)
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Lucky 13 turned out to be not so lucky in New York. Hundreds of people showed up at the Daily News' midtown Manhattan offices last Monday, angry over an apparent misprint in one of the winning...

Mountain State Univ. students to use landfill for pig decomposition projects.(Brief Article)
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Ever watch that old Jack Klugman TV show, "Quincy M.E."? He was a medical examiner and in the opening credits he pulls the sheet back on a corpse to make a point to a set of newbies, all of whom...

U.S. Court Of Appeals Case Summaries: March 28, 2005.
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Multidistrict Litigation - Wireless Cell Phones - Consumer Protection - Unsafe Radiation In this multidistrict litigation involving five consolidated class actions alleging...

U.S. District Court VA Eastern Case Summaries: March 28, 2005.
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Attorneys Sanctions Under Rule 11 - Multiple Bankruptcy Petitions A woman who filed (or her husband filed) 10 Chapter 13 bankruptcy petitions over a five-year period, resulting in cancellation...

U.S. District Court VA Western Case Summaries: March 28, 2005.
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Choice Of Law - Fraudulent Conveyance Although a receiver appointed for various business entities implicated in an investment program that operated as a Ponzi scheme from 1998...

U.S. Bankruptcy Court Case Summaries: March 28, 2005.
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Jurisdiction - Creditor's Rights - Fair Debt Collection Act - Ch. 7 A bankruptcy court has jurisdiction over debtor's complaint that a collection agency violated the automatic stay...

Virginia Court Of Appeals Case Summaries: March 28, 2005.
March 28, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Tobacco Manufacturer - Doing Business In Virginia The Attorney General of Virginia cannot preclude a tobacco manufacturer from doing business in the commonwealth (by excluding it...