Virginia Lawyers Weekly articles from May 2004

Virginia Lawyers Weekly archives from May 2004

Plaintiffs Score Two Wins In Va. Supreme Court On 'Use' Of Vehicle Issue.
May 3, 2004... Byline: Paul Fletcher The Supreme Court of Virginia has handed down two new decisions on the issue of "use" of vehicle for insurance purposes. And in each case, the plaintiff was able to secure uninsured or underinsured motorist...

Va. Supreme Court Rules Contrib Can Be A Defense In Case of Negligence Per Se.
May 3, 2004... Byline: Matthew Philips A defendant that is negligent per se may use a plaintiff's contributory negligence as a complete bar to recovery, the Supreme Court of Virginia has held. Virginia remains one of the two states - North Carolina...

February Bar Exam Pass In Va. Rate Was 53%.
May 3, 2004... Byline: Paul Fletcher The results are out for the February 2004 Virginia Bar Examination. Of the 519 candidates who sat for the February exam, 274 were successful, for a pass rate of 53 percent. That figure is in keeping with past...

Veteran Roanoke Attorney Celebrates 50 Years.
May 3, 2004... Byline: Brent Baldwin Frank W. "Bo" Rogers Jr. has a benefit that few others at the Roanoke firm of Woods Rogers PLC enjoy--a key to the freight elevator. "A fellow lawyer is known for telling people around here that one day, they're...

Virginia Court of Appeals Case Summaries: May 3, 2004.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Election Fraud - Voter Registration Form A defendant who previously "did time" for his conviction of 19 felonies, and who admitted that he signed a voter registration form and checked...

Virginia Supreme Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Notice - Motion For Judgment - Actual Notice Although a defendant had received a copy of an amended motion for judgment and had actual notice, the circuit court never acquired...

Verdicts & Settlements May 3, 2004: Virginia interpleader case settles for $750K.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff This action arose from competing claims for the proceeds of decedent's $1 million life insurance policy. Following the decedent's death, G.E. Life Annuity Assurance Company faced competing claims of...

Verdicts & Settlements May 3, 2004: Employer hit for not reporting 401(k) contributions.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff worked for defendant employer and contributed a percentage of her pay to her 401(k) retirement plan administered by her employer. Employer failed to deposit her contributions to the plan...

Verdicts & Settlements May 3, 2004: Motion to strike granted in breach of contract suit.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff This case was originally filed in 1995 and first nonsuited in 1998. The plaintiffs did not serve the summonses for nearly a year after each case had been filed and essentially did not prosecute this...

Verdicts & Settlements May 3, 2004: Defense verdict handed down in Richmond med-mal suit.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff contended that defendant failed to timely diagnose perforation of his esophagus after a pneumatic balloon dilation. Plaintiff had suffered from achalasia and had many dilations over the...

Verdicts & Settlements May 3, 2004: Med-Mal case settles for $1.3M in Virginia court.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff A mother brought her premature infant suffering from dehydration to a hospital emergency room. After triage, the infant was not seen for five hours. During this time, the infant suffered a disabling...

Va. Supreme Court Rules Salaried Employee Can Claim 'Lost Wages'.
May 3, 2004... Byline: Deborah Elkins A drywall hanger who continued to draw a salary as he recuperated from an auto accident can put on evidence of lost wages at his personl-injury trial, the Supreme Court of Virginia has ruled. The plaintiff said...

Virginia Court of Appeals Case Summaries: May 3, 2004.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Firearms Regulation - Second- Hand Guns - Agency Demand The Bureau of Alcohol, Tobacco, Firearms & Explosives did not exceed its authority in sending to plaintiff, a Norfolk, Va....

Virginia Court Case Summaries: May 3, 2004.
May 3, 2004... Byline: Virginia Lawyers Weekly Staff Product Liability Wrongful Death - Deadman's Statute - Boiler Explosion On a motion in limine prior to trial of this claim arising out of the death of a plant employee from burns in a boiler...

Va. State Bar Names Northup Winner Of Powell Pro Bono Award.
May 10, 2004... Byline: Brent Baldwin Richmond lawyer Stephen A. Northup will receive a 2004 Lewis F. Powell Jr. Pro Bono Award later this week from the Virginia State Bar. Now in its 14th year, the Pro Bono Award is presented by the VSB's Special...

Fairfax Bar Pro Bono Efforts Honored.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff The Fairfax Bar Association Pro Bono Program received a Lewis F. Powell Pro Bono Award from the Virginia State Bar at Thursday's program. The Fairfax program grew out an effort in the 1990s by FBA...

Richmond And Norfolk Firms Have Merged.
May 10, 2004... Byline: Matthew Philips Virginia's third-largest law firm, Richmond-based Williams Mullen, has merged with the Norfolk firm of Hofheimer Nusbaum PC. The May 1 merger, which grew out of a yearlong negotiation process, creates a firm...

Loudoun County Circuit Rules Unlicensed Contractor Not Liable For Fraud.
May 10, 2004... Byline: Deborah Elkins Although a contractor for a couple's "dream home" falsely told the couple he had a contractor's license, he did not commit fraud, a Loudoun County Circuit judge has ruled. The contractor had passed a test for a...

Rules on Depositions Would Be Tightened Under A Proposed Supreme Court Rule.
May 10, 2004... Byline: Paul Fletcher Lawyers could not make "speaking objections" that coach a witness during depositions. A deposition could not last longer than seven hours during one day, unless agreed upon by counsel. And circuit judges...

Virginia Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Class Action - Notice - Power Company Easements Where plaintiffs, servient landowners sued for a declaratory judgment that defendant power company and its affiliated...

Verdicts & Settlements May 10, 2004: Virginia jury awards $15K in negligence case.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was rear-ended by a pizza delivery driver after they had both stopped for the same red light. Negligence was not contested, but the defense did contest the severity of the accident and...

Virginia Court of Appeals Case Summaries: May 10, 2004.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Hearsay Evidence - License Plate Number A defendant's conviction of misdemeanor assault by mob is affirmed, despite his contention that the trial judge erred in admitting hearsay...

Virginia Circuit Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Civil Procedure Dormant Lawsuit - Reinstatement Although defendant was entitled to have this personal injury case dismissed pursuant to Va. Code Sect. 8.01-335(A) because of plaintiff's...

Verdicts & Settlements May 10, 2004: Appomattox County settles biosolids suit for $225K.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Appomattox County has agreed to pay $225,000 to settle a federal lawsuit brought by 11 county farmers that challenged highly restrictive biosolids ordinances enacted by the county in 2002. The $225,000...

Verdicts & Settlements May 10, 2004: Virginia jury awards racing team $7.5M in conspiracy case.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff This matter arose from a sponsorship agreement between Scuderia Maranello Motorsports Inc. (SMM) and Performance Motor Racing LLC (PMR) to fund a team to race two Ferrari 550 Maranellos in the GTS class...

Virginia Lawyers In The News: May 10, 2004.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff The Richmond law firm of Bowen, Champlin, Carr & Rockecharlie has announced that G. Russell Stone Jr. has joined the firm, where he will concentrate in civil and criminal litigation as well as domestic...

February 2004 Virginia Bar Exam Pass List.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Editor's Note: The following is a list provided by the Virginia Board of Bar Examiners of the successful candidates who passed the February 2004 Virginia Bar Examination. Of the 519 persons who took...

Virginia State Bar Council Reps Elected.
May 10, 2004... Byline: Paul Fletcher The Virginia State Bar has announced the results for the 2004 VSB Council elections. As previously reported, Roanoke's Phillip V. Anderson was unopposed in the race for president-elect (VLW, April 12, 2004). He...

Virginia Court of Appeals Case Summaries: May 10, 2004.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Civil Rights Voting Rights - Partisan Voting In this suit by the federal government, alleging that defendant Charleston County's at-large election of its county council diluted minority voting...

Virginia Court Case Summaries: May 10, 2004.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Class Certification - Fair Housing - Race Discrimination In this suit by former residents of Fairwood Homes, a Portsmouth housing complex built in the 1940s as temporary war...

Verdicts & Settlements May 10, 2004: Virginia jury awards hit-and-run plaintiff $106K.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Hit and run John Doe case. Plaintiff's head cracked windshield, resulting in facial lacerations with mild residual scarring to forehead and nose. Soft tissue injuries to neck and back. Three hospital...

Verdicts & Settlements May 10, 2004: Auto-Accident Plaintiff Awarded $15,000.
May 10, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was stopped for a red light on Route 3 in Stafford County. When his light turned green, he followed the car in front of him into the intersection when the defendant's vehicle struck him. The...

Va. Chief Justice Leroy R. Hassell Sr. Announces 5.1% Pay Hike For Judges.
May 17, 2004... Byline: Deborah Elkins Virginia judges will receive a 5.1 percent pay increase this November, Chief Justice Leroy R. Hassell Sr. announced May 11 in his second annual State of the Judiciary address. Virginia circuit court judges met in...

Va. Supreme Court Touts Judicial Settlement Program.
May 17, 2004... Byline: Brent Baldwin The Supreme Court of Virginia has launched a pilot program to encourage circuit judges to use a judicial settlement conference. The program is part of an ongoing effort by the court to expand alternative dispute...

Virginia Lawyer Fined $5K For Filing N.C. Pleadings.
May 17, 2004... Byline: Ertel Berry A North Carolina judge has slapped a $5,000 sanction on a Virginia attorney who failed to get permission to practice in North Carolina before filing pleadings to block a foreclosure. Superior Court Judge J. Richard...

Med Mal Cases Dominate Virginia's 'Biggest' Defense Verdicts.
May 17, 2004... Byline: Matthew Philips Eight of the 10 "Biggest Defense Verdicts" in Virginia last year came in medical-malpractice cases. That figure highlights Virginia Lawyers Weekly's second annual compilation of "big" defense wins. Since a...

Legal Historians Make Film on Landmark Brown Case In Va.
May 17, 2004... Byline: Brent Baldwin The scene was the stately courtroom at the Supreme Court of Virginia in downtown Richmond. Not surprisingly, the room was full of people. But this time, the normally sedate courtroom had been turned into a...

Virginia Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Severance - Co- Defendant's Statements In this prosecution of two defendants for murder and firearm use in a drug conspiracy, the court denies defendant's motion to sever the trial of...

Virginia Court of Appeals Case Summaries: May 17, 2004.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Grand Larceny - Circumstantial Evidence Where the evidence indicated defendant was asleep on the couch in a car owner's home, and that the home was locked from the inside and the...

Retired Halifax Lawyer Wilbur M. dies at 87.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Wilbur M. "Mickey" Lewis, who practiced law in Halifax County for 61 years before his retirement, died April 18. He was 87. A native of Mecklenburg County, Mr. Lewis served as Commissioner of Accounts...

Danville litigator W. Allan Garrett dies at 78.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Longtime Danville litigator W. Allan Garrett died April 13. He was 78. A native of Danville, Mr. Garrettt served in the U.S. Navy during World War II, attaining the rank of lieutenant. He attended...

Richmond lawyer Junie L. Bradshaw dies at 74.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Junie L. Bradshaw, a Richmond lawyer who served in the House of Delegates and as a judge of the State Corporation Commission, died April 24. He was 74. Mr. Bradshaw was a native of North Carolina,...

Richmond lawyer Arthur H. Horwitz dies at 57.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Richmond lawyer Arthur H. Horwitz died May 8. He was 57. A native of Norfolk, Mr. Horwitz graduated from Old Dominion University and the University of Virginia School of Law. He began his...

Retired Fairfax Judge Philip N. Brophy dies at 84.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Retired Fairfax Juvenile & Domestic Relations Judge Philip Noel Brophy died April 17. He was 84. A native of Pittsburgh, Judge Brophy earned his undergraduate degree from Georgetown University in...

Virginia Court of Appeals Case Summaries: May 17, 2004.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Antitrust Anticompetitive Conspiracy - Health Insurance - Chiropractic Care Where a trade association for chiropractors sued Virginia's largest for-profit health insurance company alleging an...

Va. Supreme Court Rules Conspiracy Verdict Of $7.6 Million Will Stand.
May 17, 2004... Byline: Matthew Philips A Fairfax jury earlier this year returned a verdict of $2.5 million in a civil conspiracy case that arose out of the breach of a sponsorship agreement between a racing team and its financial backers. Late last...

Virginia Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Search & Seizure Warrant - Issuance By Clerk - Probable Cause Where a Virginia circuit court judge signed an affidavit indicating it was sworn to him, but did not make a finding of probable...

Virginia Circuit Court Case Summaries: May 17, 2004.
May 17, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Probable Cause - Grand Larceny Although a deputy may not have had probable cause to arrest defendant on a felony charge, defendant did commit the misdemeanor of petit larceny in the...

Commentary: 'Psst ... Can We Keep A Secret?': Protecting Clients' Information.
May 24, 2004... Byline: Bruce L. Dorner As lawyers we have a rather rigid code of conduct. We're required to protect confidential client communications along with many other items of esoteric data. We've recently encountered a sweeping federal regulation...

Va. Chief Justice Leroy Rountree Hassell: State Of The Judiciary, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Editor's Note: On May 12, Virginia Chief Justice Leroy Rountree Hassell Sr. delivered the 2004 State of the Judiciary Speech to the Judicial Conference at its meeting in Charlottesville. Virginia...

Virginia Lawyers In The News: May 24, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff McGuireWoods LLP has announced the election of two new partners: Jonathan T. Blank and Robert M. Cipolla. Blank, who practices in the Baltimore office, is a member of the commercial litigation...

Virginia Court of Appeals Case Summaries: May 24, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Trespass - Mattaponi Reservation Although a witness testified that appellant was barred from the Mattaponi tribal reservation at a "regular meeting" of the tribal council, and that...

Virginia Circuit Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Employment Contract - Trade Secrets - Conspiracy - Duty Of Loyalty Two independent contractors who worked for plaintiff as instructors in a customized leadership program are liable for breach...

Verdicts & Settlements May 24, 2004: Virginia auto accident plaintiff awarded $70K.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff This accident occurred on March 16, 2000. The defendant was intoxicated at the time of the accident with a blood alcohol level of .22. This was his third DUI. The plaintiff was 13 at the time of the...

Verdicts & Settlements May 24, 2004: Virginia auto accident suit settles for $200K.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff was operating her passenger car south on I-95 when she was struck in the left rear quarter panel by the individual defendant who was operating a commercial vehicle south on I-95. The...

Verdicts & Settlements May 24, 2004: Med-mal suit nets defense verdict.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Patient was a 37-year-old male with a history of congenital aortic stenosis. Of four possible valve replacement surgeries, he chose to have a mechanical valve inserted because of its known longevity and...

Va. Judges Get Tutoring On Noncompetes.
May 24, 2004... Byline: Deborah Elkins Lawyers sometimes write briefs that attempt to educate a judge about a legal issue. But not many trial lawyers get the chance to deliver a legal lecture to a ballroom full of judges. Two employment law...

Norfolk-Portsmouth Bar To Present Two Awards.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff The Norfolk & Portsmouth Bar Association will be holding its annual meeting this week, and at that meeting, the group will present two of its most significant annual awards, the Eggleston/I'Anson...

Virginia Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Discovery - Spoliation - Attorney- Client Privilege - Work Product In this discovery dispute arising from patent litigation, the district court grants defendant's motion to...

Verdicts & Settlements May 24, 2004: Plaintiff settles med-mal suit for $160K in Virginia court.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff injured her coccyx/lumbar spine in a slip-and-fall at work in April 2000 for which she was evaluated over a four-to-five month period by three different health care provider defendants-- two...

Mass. Lawyer James A. Betts Jr. dies at 93.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff James A. Betts Jr. died April 9. He was 93. Mr. Betts was a graduate of Lafayette College and of the T.C. Williams School of Law of the University of Richmond. After graduating from law school, he...

Richmond Trip-And-Fall Verdict Is Set Aside By Richmond Circuit Judge.
May 24, 2004... Byline: Paul Fletcher A Richmond Circuit judge has overturned a $40,000 jury verdict won by a man who tripped and fell on a seven-inch-high raised platform in an appliance store. The judge found that the platform was an "open and...

Fredericksburg Psychiatrist Hit for $1.4M Verdict in Death of Ex-Wife.
May 24, 2004... Byline: Matthew Philips The family of a woman who died of an overdose of strong pain-relief medicine given to her by a Fredericksburg psychiatrist has been awarded $1.4 million by a Spotsylvania County jury. The defendant, Dr. Bernard...

Retired Chesapeake Circuit Judge Jerry G. Bray Jr. dies at 91.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Retired Chesapeake Circuit Judge Jerry G. Bray Jr., who was instrumental in the founding of Virginia Wesleyan College, died May 13. He was 91. Judge Bray was a native of South Norfolk, and attended...

U.S. District Court Rules Social Security Fee Can Consider Agency Work.
May 24, 2004... Byline: Deborah Elkins A lawyer's fee for winning past-due social security benefits can cover time spent before the administrative agency, a Charlottesville federal judge has ruled. The lawyer, who had a typical 25-percent contingent...

Roanoke Judge Offers Tips To Colleagues on Opinion-Writing.
May 24, 2004... Byline: Deborah Elkins Circuit court judges drafting letter opinions may not have a form book to turn to. But one of their colleagues has developed a template for judicial opinion writing. Roanoke Circuit Judge Clifford R....

Virginia Court of Appeals Case Summaries: May 24, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Employment Discrimination Race - Title VII - Job Reassignment - Adverse Employment Action A male African-American engineer who was reassigned from his role as project manager for defendant's...

Virginia Court Case Summaries: May 24, 2004.
May 24, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Custodial Interrogation - Weapon Display Where two sheriff's investigators knew that defendant was a "show-me type of guy," and they brought him to an interview room and confronted...

U.S. Circuit Court of Appeals Rules Investor Can Claim Securities Fraud Under Va. Act.
May 31, 2004... Byline: Virginia Lawyers Weekly Staff An investor who heard about a Virginia technology company's rosy prospects, but who lost a half-million dollars when the company went belly-up, can sue for fraud under the Virginia Securities Act, the...

Virginia Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: Virginia Lawyers Weekly Staff Attorneys Legal Malpractice - Contingency Fee Contract Where a client hired defendant lawyer to pursue his med-mal claims arising from the alleged failure to diagnose cancer resulting in the...

Virginia Court of Appeals Case Summaries: May 31, 2004.
May 31, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Malicious Wounding - Intent A defendant who struck his girlfriend's sister with a belt wrapped around his hand, with the buckle exposed, leaving a scar on her forehead, properly was...

Court-Appointed Counsel In Va. To Be Regulated By State.
May 31, 2004... Byline: Matthew Philips Beginning next summer, court-appointed attorneys for the first time ever will be required to meet minimum standards of training and experience. Also for the first time, court-appointed lawyers will be overseen...

Independent Contractors in Va. Liable For Conspiracy.
May 31, 2004... Byline: Paul Fletcher A management consulting company that lost an important contract when two of its instructors went to another company and tendered a lower bid has won a verdict against the pair for breach of contract and a number of...

DUI-Related Penalties Toughened By Va. General Assembly.
May 31, 2004... Byline: Deborah Elkins Coming soon to a jurisdiction near you: stiffer penalties for drunken driving, a production of the 2004 General Assembly. From lowering the blood-alcohol level for mandatory jail time to providing for forfeiture...

Sniper Defense Lawyers Speak At Va. Assn. Of Criminal Defense Lawyers Seminar.
May 31, 2004... Byline: Brent Baldwin The defense lawyer teams for the two "Beltway Snipers" - attorneys who spent much of last year preparing, then trying their cases in November and December -- were toasted like heroes returning from a war at the recent...

Virginia Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Certificate Of Appealability - Rule 60(b) Motion Where a defendant convicted of larceny in Virginia state court is pursuing habeas relief for her claim that she did not...

Virginia Court Case Summaries: May 31, 2004.
May 31, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Successive Petition - Death Penalty - Mental Retardation A district court grants a convicted capital murderer's motion to reconsider an earlier decision on his habeas...