Virginia Lawyers Weekly articles from March 2006

Virginia Lawyers Weekly archives from March 2006

Commentary: Financial planning for your entire life.
March 6, 2006... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) If the term "financial planners" evokes visions of equities and equity mutual funds - selected to implement...

Richmond intersection rates ninth on Web site poll of strangest street names in USA.(Brief article)
March 6, 2006... Byline: Paul Fletcher A couple of years ago, some people in Tidewater were upset about living on "Red Rum Road." Why? Spell "red rum" backwards. That"s right, "murder." Call it proof that some people take street names...

Virginia Lawyers in the News: March 6, 2006.(Richelle D. Moore and Christian B. Franklin joins Parrish, Houck & Snead PLC)(Mark Slaughter been honored)(Lucy P. Homiller joins Batzli Wood & Stiles PC)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff The Fredericksburg law firm of Parrish, Houck & Snead PLC has announced that Richelle D. Moore and Christian B. Franklin have been named partners of the firm. A James Madison University graduate,...

University of Va. law student to receive VA State Bar Pro Bono Award.(Ryan Almstead)
March 6, 2006... Byline: Brent Baldwin Third-year University of Virginia law student Ryan Almstead came to law school with the express purpose of doing pro bono work. He was guided by a community-oriented "ethos" he said was instilled in him throughout...

4th Circuit outlines post-Booker sentencing rules.
March 6, 2006... Byline: Alan Cooper A district court judge properly found that sentencing guidelines in a career drug offender case were unreasonable, but he went too far in reducing the sentence by two-thirds, the 4th U.S. Circuit Court of Appeals has...

GOP caucus backs Petty, Beales for VA Court of Appeals.(General Assembly Republicans, William G. Petty, Randolph A. Beales)
March 6, 2006... Byline: Alan Cooper General Assembly Republicans have selected Lynchburg Commonwealth's Attorney William G. Petty and former Virginia Attorney General Randolph A. Beales to fill two vacancies on the Virginia Court of Appeals. Neither...

'Soft launch' for Fastcase service 'seamless,' VA State Bar says.(Virginia)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff With the benefit of "a soft launch" five days before its scheduled availability on March 1, the Fastcase online research service for Virginia State Bar members opened without a hitch. "The best I...

Title company's E&O policy can't cover job theft, rules Alexandria federal judge.
March 6, 2006... Byline: Deborah Elkins A bookkeeper could not have committed embezzlement had she not worked for her employer, an escrow services company. That conclusion may seem self-evident. It is, however, the key to an Alexandria federal judge's...

VA House and Senate Courts of Justice Committees certify candidates for judicial vacancies.(Virginia)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff The House and Senate Courts of Justice Committees have certified candidates for judicial vacancies, some arising through retirement and some newly created. The General Assembly is expected to...

U.S. Court of Appeals Case Summaries: March 6, 2006.(Clean Water Act of 1977)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Sentencing - Career Offender - 'Reasonableness' Standard A district court applying the federal sentencing guidelines as "advisory" acted unreasonably in imposing a sentence of 10...

U.S. District Court VA Eastern Case Summaries: March 6, 2006.(Employee Retirement Income Security Act of 1974, United States Constitution. 1st Amendment)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff Civil Rights First Amendment - Teacher's Classroom Displays - Religious Materials A high school did not violate a Spanish teacher's First Amendment rights when it removed from his classroom...

Virginia Court of Appeals Case Summaries: March 6, 2006.
March 6, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Attempted Malicious Wounding - Sufficiency A defendant who repeatedly threatened to harm or kill defendant, and who drove his truck directly at defendant and came within four to five...

Virginia Circuit Court Case Summaries: March 6, 2006.
March 6, 2006... Byline: Virginia Lawyers Weekly Staff Domestic Relations Protective Order - Pending Divorce A circuit judge dissolves a protective order entered against husband, because wife failed to prove any family abuse, and the attorney fee...

Verdicts & Settlements March 6, 2006: Hand doctor prevails in medical malpractice suit.(Merritt v. Wayne T. Luchetti)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff Ms. Merritt, who is left-hand dominant, fell and broke her left arm on May 22, 2001. The fracture she sustained, involving both her ulna and radius, is particularly difficult to treat because of its...

Verdicts & Settlements March 6, 2006: Homeowners sue contractor over uncompleted addition.(Kostick v. Menendez)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff Defendant had a class B contractor's license which permitted him to perform contracts up to $75,000. He told the plaintiff homeowners he had all necessary licenses to build them an addition. The...

Verdicts & Settlements March 6, 2006: Suit over transfusion nets defense verdict.(Rogers v. Virginia Blood Services)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff In this case, plaintiff alleged that her husband died as a result of the transfusion of a red blood cell unit provided by the defendant Virginia Blood Services (VBS) which contained bacteria. At the...

Verdicts & Settlements March 6, 2006: Jury is out for 30 minutes before returning $300K verdict.(Mills v. Ferrer)
March 6, 2006... Byline: Virginia Lawyers Weekly Staff The plaintiff stopped at a red light prior to entering an intersection. When the light turned green, she proceeded into the intersection and was struck by the defendant. The defendant was traveling in...

Commentary: E-mail your client at work and kiss privilege goodbye?
March 13, 2006... Byline: Brian L. Levine We all remember horror stories of that proverbial attorney who inadvertently waived attorney-client privilege by discussing a client matter on an elevator, plane, train or bus. Now, thanks to the explosion of...

Commentary: The art of ethical advocacy in mediation.
March 13, 2006... Byline: Diane M. Strickland It has been a little over a decade since mediation hit the mainstream in Virginia. Legislation has been enacted, training and certification processes established and canons of ethics for mediators adopted. The...

Commentary: How to work a room and have fun doing it.
March 13, 2006... Byline: Ronen Yaari (This article was originally published in Long Island Business News, Long Island, N.Y., another Dolan Media publication).Cat got your tongue at networking events? Susan RoAne is here to help. She's a professional...

A first: FLSA claim is turned into a RICO suit.(Fair Labor Standards Act, Racketeer Influenced and Corrupt Organizations Act)
March 13, 2006... Byline: Alan Cooper Newport News attorney Avery T. "Sandy" Waterman Jr. was sitting in his office when a call came in from a 13-year-old Mongolian boy.The boy said his father hadn't gotten his paycheck.That call led to a ruling earlier...

Man shot in Roanoke hotel's parking lot can bring suit.(Ryan Taboada, Daly Seven Inc.)
March 13, 2006... Byline: Alan Cooper The relationship between innkeeper and guest is more akin to that of common carrier and passenger than the relationship of a landlord and tenant, the Supreme Court of Virginia has ruled.As a result, Ryan Taboada, a man...

Holographic will is rejected by Virginia Supreme Court.
March 13, 2006... Byline: Deborah Elkins Virginia law still recognizes holographic, or handwritten wills, the Supreme Court of Virginia says. But there is a limit to what a court can honor as a testator's last will and testament.Sometimes the whole document...

Personal injury defense lawyers face rise in malpractice claims.(Benjamin H. Hill III)
March 13, 2006... Byline: Nora Lockwood Tooher Dolan Media Newswires Several years ago, Benjamin H. Hill III defended a malpractice claim lodged against a Florida personal injury defense lawyer by the insurance company that had hired him.Hill, who practices...

Boy's family wins $8M for death in car-truck wreck.(David Chu and Jacob Wilens)
March 13, 2006... Byline: Alan Cooper Alexandria lawyer Gregory L. Murphy wanted to make a villain out of a trucking company and at the same time point out the danger posed by fatigued, sleep-deprived drivers.But attorneys for Danella Companies Inc. and one...

U.S. Court of Appeals Case Summaries: March 13, 2006.
March 13, 2006... Byline: Virginia Lawyers Weekly Staff AdministrativeHealth Data - Information Quality Act - Salt IntakeThe Salt Institute and the Chamber of Commerce do not have Article III standing to sue the Department of Health and Human Services on a...

U.S. District Court VA Eastern Case Summaries: March 13, 2006.
March 13, 2006... Byline: Virginia Lawyers Weekly Staff Civil PracticeDiscovery - Expert Witness DisclosuresA defendant may not delay disclosure of its expert witnesses on the ground that it did not receive disclosure from plaintiff, which plaintiff timely...

U.S. District Court VA Western Case Summaries: March 13, 2006.
March 13, 2006... Byline: Virginia Lawyers Weekly Staff Civil PracticeJurisdiction - Defamation - FTCAA plaintiff may not sue for his alleged defamation by a U.S. Congressman's remarks to a West Virginia TV reporter, and the district court grants...

Virginia Circuit Court Case Summaries: March 13, 2006.
March 13, 2006... Byline: Virginia Lawyers Weekly Staff AttorneysSanctions Under Va. Statute - PraecipeAn attorney who did not take measures to ascertain whether there had been proper service of process in a declaratory judgment action he filed on behalf of...

Virginia Supreme Court Decisions: March 13, 2006.
March 13, 2006... Byline: Virginia Lawyers Weekly Staff Civil PracticeNonsuit - Service Of ProcessA defendant who requested a nonsuit under Va. Code Sect. 8.01-380 before the defendant moved to dismiss the case for failure to satisfy the one-year service...

Verdicts & Settlements March 13, 2006: ADA case mediated for $260.5K.(Americans with Disabilities Act)(employment discrimination case)(Brief Article)
March 13, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff alleged injuries due to employment discrimination arising under the Americans with Disabilities Act. Plaintiff argued the defendant employer had knowledge of ongoing discrimination of...

Verdicts & Settlements March 13, 2006: Apartment owners win premises case.(premises liability, personal injury and negligence case)(Brief Article)
March 13, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff alleged negligence and negligence per se due to the lack of a railing on a set of stairs at defendants' apartment complex where the plaintiff fell. Defendants denied any wrongdoing and...

Verdicts & Settlements March 13, 2006: Hampton jury returns $1.2M verdict in car-wreck case.(traffic accident and personal injury case)(Brief Article)
March 13, 2006... Byline: Virginia Lawyers Weekly Staff Two defendants, heading in same direction, one trying to change lanes. The defendant in right lane claimed he was trying to get into the left lane and that the co-defendant to his left sped up...

Commentary: Limiting the perils of gabbing while driving.(usage of mobile phones while driving)
March 20, 2006... Byline: Rick Edvalson I don't know what I would do without my personal cell phone. But I know what I would do with some of the others. Even after the reminder that the theater gives you to shut off your phone, someone's phone will start...

Virginia Lawyers in the News: March 20, 2006.(Williams Mullen appoints Michael W. Fleming, Brian M. McDermott and Edward S. Quill Jr.)(Amy J. Inge joins DurretteBradshaw)(Spotts Fain PC partners with Children Incorporated )
March 20, 2006... Byline: Virginia Lawyers Weekly Staff Williams Mullen has announced the addition of three partners to the firm's communications group. Michael W. Fleming, Brian M. McDermott and Edward S. Quill Jr. practice from the firm's Tysons Corner...

Richmond defense attorney David Baugh receives pro bono award.(Lewis F. Powell Jr. Pro Bono Award)
March 20, 2006... Byline: Brent Baldwin Richmond defense attorney David Baugh, nationally known for his zealous representation of unpopular criminal clients, is being honored by the Virginia State Bar with its Lewis F. Powell Jr. Pro Bono Award.Baugh, 58,...

Illegal immigrant hurt, gains $750K settlement from Perez Construction of Northern Virginia.
March 20, 2006... Byline: Alan Cooper A wall fell on Oscar Rodriguez at a construction site in Northern Virginia on July 14, about six months after he entered this country illegally in hopes of generating more money for his wife and two small sons in El...

First felony trial in Bland County in 5 years ends in acquittal.
March 20, 2006... Byline: Alan Cooper Bland County hadn't had a felony jury trial in at least five years.But the one tried earlier this month was almost as if the county - 2004 population, 7,034 - was making up for lost time.The case included the...

Hosts not liable for beer-party assault, Loudoun Circuit judge rules.
March 20, 2006... Byline: Deborah Elkins A teenager who was assaulted by a drunken youth at a post-homecoming party cannot sue the Loudoun County couple who allowed alcohol to be served at the party at their home.As social "hosts," the couple is not liable...

2006 Virginia Assembly comes to a close...for time being.
March 20, 2006... Byline: Paul Fletcher The 2006 General Assembly came to a close on March 11. At least until it comes back to Richmond for a special session later this month.Since the solons failed to reach agreement on a budget, Gov. Timothy M. Kaine...

Eminent domain, indigent defense see little change in Virginia legislative session.
March 20, 2006... Byline: Alan Cooper Major legislative efforts on two frontseminent domain and money for the representation of indigent defendantsare unlikely to result in any substantial change from the status quo this General Assembly session.But...

William G. Petty, Randolph A. Beales elected to seats on appeals court.
March 20, 2006... Byline: Alan Cooper As expected, the General Assembly on March 10 elected Lynchburg Commonwealth's Attorney William G. Petty and former Virginia Attorney General Randolph A. Beales to the Virginia Court of Appeals.Del. Brian J. Moran,...

U.S. Court of Appeals, 4th Circuit rules man is competent enough to die.
March 20, 2006... Byline: Caryn Tamber A condemned Virginia man who told a psychiatrist that he could be the owner of a Burger King after his death can be executed because it is not necessary that an inmate understand what death is in order to be found...

Richmond-based McGuireWoods LLP and L.A. firm to merge.
March 20, 2006... Byline: Alan Cooper McGuireWoods LLP, the Richmond-based legal giant, will merge with a 40-lawyer firm in Los Angeles on April 1. McGuireWoods had opened a Los Angeles office last fall with a handful of lawyers in response to client demand...

U.S. Bankruptcy Court Case Summaries: March 20, 2006.
March 20, 2006... Byline: Virginia Lawyers Weekly Staff BankruptcyWarranty Claims - Texas LawApplying Texas commercial law, a bankruptcy judge finds that a liquidating trust for debtor aviation company is entitled to summary judgment on warranty...

U.S. Court of Appeals Case Summaries: March 20, 2006.
March 20, 2006... Byline: Virginia Lawyers Weekly Staff CriminalRight To Counsel - Drug Crimes - State & Federal ChargesAlthough a Virginia state prosecutor dropped state drug charges against defendant, federal investigators could question defendant outside...

U.S. District Court VA Eastern Case Summaries: March 20, 2006.
March 20, 2006... Byline: Virginia Lawyers Weekly Staff CommercialHeavy Equipment Dealership - Va. Statute - 'Inventory'A Richmond federal district judge construes the Virginia Heavy Equipment Dealer Act to apply to dealers that "regularly" maintain a...

U.S. District Court VA Western Case Summaries: March 20, 2006.
March 20, 2006... Byline: Virginia Lawyers Weekly Staff AttorneysSanctions Under Rule 11 - Pre- Filing Investigation - Patent CaseIn this patent infringement suit, the plaintiff company and its lawyers made an adequate analysis of potential infringement of...

Virginia Court of Appeals Case Summaries: March 20, 2006.
March 20, 2006... Byline: Virginia Lawyers Weekly Staff CriminalCourthouse Security - Sheriff - Contempt OrderOn rehearing, the en banc court holds that a circuit court judge had authority to find a sheriff in contempt for refusal to comply with court...

Virginia Circuit Court Case Summaries: March 20, 2006.
March 20, 2006... Byline: Virginia Lawyers Weekly Staff CriminalPretrial Release - Appeal Of Suppression OrderA defendant charged with first-degree murder and use of a firearm is ordered to remain in custody without bail pending trial, and while the...

Verdicts & Settlements: March 20, 2006 Allstate hit for $448K verdict in wreck case.(Allstate Insurance)
March 20, 2006... Byline: Virginia Lawyers Weekly Staff In this personal injury action, Jane Fare was a passenger in her husband's vehicle when it was rear-ended by a Jane/John Doe driver who fled the scene. There was minor impact damage to the rear of...

Verdicts & Settlements March 20, 2006: Postman hurt his back in dog attack, gains $85,000.(Brief article)
March 20, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff, a postman, was delivering mail when defendant's dog ran across street and attacked him. Plaintiff sprayed dog with mace but it kept coming towards him. Plaintiff fell and injured low back....

Verdicts & Settlements March 20, 2006: Sailor hurt when folding stairway collapsed.(Brief article)
March 20, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff fell from folding attic stairway on rental property when stair gave way. Stair had been improperly maintained and tread had been replaced using particle board, held in place with drywall...

Verdicts & Settlements March 20, 2006: Elderly woman bruised in car wreck wins $70K.(Paige v. Terra)
March 20, 2006... Byline: Virginia Lawyers Weekly Staff This case involved a 75-year-old woman who sustained extensive bruising to her body and an aggravation of her pre-existing back problem when the defendant made an illegal left-hand turn in front of...

March Madness.
March 27, 2006... Byline: Paul Fletcher If it's March, it's NCAA basketball time. Roundball fever. Catch it. Hoops mania. March madness. And much of it.The Old Dominion on a fairly regular basis has contributed teams to the annual collegiate championship...

Roanoke lamp company scores $1.53M in conspiracy, tort suit.(Mario Industries of Virginia Inc.)
March 27, 2006... Byline: Paul Fletcher Here's a cautionary tale for anyone who ever uses a company computer for personal reasons, such as preparing to leave and open a competing business.If you print out documents, the computer takes a picture of the...

Virginia State Bar's Web site: Mandatory insurance mulled.
March 27, 2006... Byline: Alan Cooper Virginia is a leader in the amount of protection it provides clients against the malpractice of attorneys licensed in the state.It is one of 13 states that require lawyers with private practices to disclose whether they...

VA Code Commission reorganization project in jeopardy.
March 27, 2006... Byline: Alan Cooper The Rules Committee of the House of Delegates has sent a strong signal to the Virginia Code Commission that it doesn't think the reorganization and renumbering of the Virginia Code is such a good idea.The General...

New statute on med-mal experts gets its first test in Fairfax case.(medical malpractice)
March 27, 2006... Byline: Alan Cooper A Fairfax County circuit judge has rejected an effort to get behind a plaintiff's attorney's certification that he has an expert in a medical malpractice case.The order entered earlier this month by Judge Gaylord L....

Commentary: Ain't none of your business! (If they ask).(Timothy Kaine's policies regarding sexual orientation)
March 27, 2006... Byline: Becky Dale Virginia Attorney General Robert McDonnell recently issued an opinion that Gov. Timothy Kaine had no authority to issue an executive order barring state agencies from discriminating between people because of sexual...

Virginia Lawyers Weekly Obituaries: March 27, 2006.(Svein Jarl Lassen from Longtime Newport News expires)(Beverly A. "Monk" Davis III circuit court judge in Rocky Mount expires)(Richmond General District Judge Ralph B. Robertson expires)(Obituary)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Svein Jarl LassenLongtime Newport News lawyer Svein J. Lassen died of cancer Jan. 25. He was 58. A native of Norway, he came to the United States when he was 6; his family settled on the Virginia...

U.S. Court of Appeals Case Summaries: March 27, 2006.
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Civil PracticeClass Certification - Bankruptcy ProceedingIn this suit filed by noteholders against the principal lender of a bankrupt company that issued the notes, the 4th Circuit reverses the...

Virginia Court of Appeals Case Summaries: March 27, 2006.
March 27, 2006... Byline: Virginia Lawyers Weekly Staff CriminalAuto Search - Cocaine In Glove BoxAlthough the vehicle defendant was driving when he was arrested on an outstanding warrant was a company car and another employee allegedly had driven it the...

Virginia Circuit Court Case Summaries: March 27, 2006.
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Civil PracticeVenue - DefamationA woman who formerly promoted Lilly Pulitzer clothing in Bloomingdale's department stores may sue Bloomingdale's in Fairfax Circuit Court for damages arising from...

Verdicts & SCollins & Lacy ettlements March 27, 2006 Lamp company wins $1.58 million verdict against ex-employee, others.(Mario Industries of Virginia, Inc. v. Troy Cook )(Conspiracy, misappropriation of trade secrets, breach of fiduciary duty, tortious interference and conversion case)(Case overview)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Mario Industries brought suit against Troy Cook (its former contract sales manager), Renaissance Contract Lighting & Furnishings (Cook's new company), Joseph Cassell (Cook's partner and co-owner of...

Verdicts & Settlements March 27, 2006: Lead poisoning case settled.(Laverne Tharp v. Smith)(Brief article)(Case overview)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Seventeen-year-old claimed lead poisoning injuries in 1991 while living in an apartment building in Norfolk. Defendant contends that child was not a disclosed tenant and had suffered no injury as a...

Verdicts & Settlements March 27, 2006: Suit over fire in family garage ends with defense verdict.(Weon Chung, et al v. Eastover Chevron)(Fire loss recovery case)(Brief article)(Case overview)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiffs contend that defendant mechanics negligently replaced a timing belt in their 1992 Mazda MPV, and that it caused a fire in their garage which spread to their house and neighbor's house,...

Verdicts & Settlements March 27, 2006: Carpenter hurt in wreck gets $900K verdict.(Fife v. Bradehoft)(traffic accident case)(Case overview)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff The plaintiff was injured in a collision in Lancaster County. Prior to the collision, the plaintiff and defendant went to a bar. After arriving, the defendant left the plaintiff to go shoot pool....

Verdicts & Settlements March 27, 2006: Arbitrator enforces sale of Stafford property.(breach of contract case)(Case overview)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff placed a 124-acre tract of undeveloped land along Aquia Creek in Stafford County for auction. After advertising the property and allowing potential bidders to access the land for inspection,...

Verdicts & Settlements March 27, 2006: Leg injury from car accident settled.(Confidential vs. Connie's Disposal Services, Inc)(personal injury and auto accident case)(Brief article)(Case overview)
March 27, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff had a 15 percent permanent partial disability to right leg. Settlement was reached during a mediation, conducted by retired Judge Robert G. O'Hara, pursuant to an order of reference to the...