Virginia Lawyers Weekly articles from May 2005

Virginia Lawyers Weekly archives from May 2005

Bankruptcy law changes prompting liability fears.
May 2, 2005... Byline: Dara McLeod Virginia bankruptcy lawyers, like their counterparts nationwide, will soon be required to assume a greater risk of liability and designate themselves as "debt relief agencies" under the bankruptcy reform bill signed by...

New U.S. Magistrate Judge, Richmond Division, U.S. District Court, Eastern District of VA. named.(M. Hannah Lauck )(Brief Article)
May 2, 2005... Byline: Virginia Lawyers Weekly Staff M. Hannah Lauck has been named as the new U.S. Magistrate Judge of the Richmond Division of the U.S. District Court for the Eastern District of Virginia. She will succeed U.S. Magistrate Judge...

Richmond High School students get a lesson on credit.(seminar on bankruptcy)
May 2, 2005... Byline: Dara McLeod Students at Richmond's Thomas Jefferson High School got a lesson in financial responsibility last week from U.S. Bankruptcy Judge Douglas O. Tice, as well as an assistant U.S. bankruptcy trustee and several Richmond...

VA Court Of Appeals Case Summaries: May 2, 2005.
May 2, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Disabilities Education - Appeal A county school board cannot appeal to the trial court an administrative decision of the Virginia Department of Education, pursuant to the...

Foreign consultant rule under court review in Virginia.
May 9, 2005... Byline: Dara McLeod A foreign attorney could apply for certification to practice in Virginia without being admitted to the Virginia bar, under a proposed amendment to the Rules of the Supreme Court now under consideration by the high...

Richmond-based law firm McGuireWoods takes on hourly billing in Chicago.
May 9, 2005... Byline: Brent Baldwin McGuireWoods LLP is seeking to make a splash in the well-established Chicago legal market by targeting one of the sacred cows of the legal profession: hourly billing. The firm has run one print ad in Crain's...

Dolan Media Company acquires print, electronic Arizona News Service.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Dolan Media Company said April 29 that it had acquired Arizona News Service, a multimedia electronic and print publisher specializing in coverage of Arizona state government. The sellers were Ned...

Virginia Lawyers in the News May 9, 2005.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Richmond-based Spotts Fain PC has announced the opening of its first branch office, in Irvington. The Irvington office, which will serve Virginia's Chesapeake Bay region, is located at the...

February 2005 Virginia Bar Exam Pass List.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Editor's Note: Below is the list of successful candidates who sat for the February 2005 Virginia Bar Examination. Of the 562 people who took the exam, 353 passed, for a pass rate of 62.8 percent....

Commentary: How to select an expert -- three issues to consider.
May 9, 2005... Byline: John Sims When selecting an expert as part of your case development process, the main thing you should consider, the same thing that you would consider for any product or service, is the cost. While that concept is simple, the...

U.S. District Court VA Eastern Case Summaries: May 9, 2005.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Administrative FOIA - Immigration Documents - Attorney's Fees An orphaned political asylum seeker who used the Freedom of Information Act to obtain documents relating to his immigration...

U.S. District Court VA Western Case Summaries: May 9, 2005.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Employment ERISA - Long Term Disability - Social Security Plaintiff, a former grocery store employee, who is collecting long term disability benefits in addition to his social security...

Virginia Court of Appeals Case Summaries: May 9, 2005.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Occupational Safety - Siding Subcontractor Violations A general contractor at an apartment project cannot be cited for occupational safety violations - involving failure to...

Verdicts & Settlements May 9, 2005: Fall at construction site mediated.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff While working as a Chesterfield County Building Inspector, Frank Cooke suffered injuries when he fell nine feet from the second floor of a home owned and being constructed by James E. Higgins & Son...

Verdicts & Settlements May 9, 2005: Plaintiff settles Newport News rear-ender for $200K.
May 9, 2005... Byline: Virginia Lawyers Weekly Staff Defendant, DUI at .19 BAC, rear-ended plaintiff on Jefferson Avenue in Newport News. This came at a time when obtaining punitive damages required proof that the defendant knew he would be driving at the...

Circuit judge orders Fairfax County to produce info. in employment discrimination suit.
May 16, 2005... Byline: Deborah Elkins A county employee who was reprimanded for workplace discrimination can use Virginia public disclosure laws to get "confidential" materials related to the discrimination investigation. The employee, who worked for...

Malpractice insurers watching impact of new bankruptcy law.
May 16, 2005... Byline: Dara McLeod Malpractice insurers will be monitoring the effects of the new bankruptcy reform bill as the majority of its provisions take effect this fall, and despite speculation otherwise most say they have no plans to raise rates...

Mechanicsville lawyer to take office as president-elect of Va. State Bar.(Karen A. Gould )
May 16, 2005... Byline: Dara McLeod Mechanicsville lawyer Karen A. Gould will take office as president-elect of the Virginia State Bar next month. Gould, a medical-malpractice and worker's compensation defense attorney, was un-opposed in the race for...

Virginia Lawyers In the News: May 16, 2005.
May 16, 2005... Byline: Virginia Lawyers Weekly Staff Troutman Sanders LLP has announced that Alisa M. Wrase has joined the firm's commercial development & real estate investments practice group in the firm's Tysons Corner office. Wrase comes to...

Commentary: Eye on the Entrepreneur - Time for entrepreneurs to game plan for injury, illness is now.
May 16, 2005... Byline: Neil Young (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Many entrepreneurs are the heart and soul of their business. Even after they put a team together and learn how to...

Commentary: Avoid a medical financial disaster.
May 16, 2005... Byline: Gary S. Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). The inability to pay mounting medical bills was the main cause for filing nearly half of all personal...

Perks that work: Maintaining high morale in the law office.
May 16, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). From flex-time to monthly office birthday parties, there are all sorts of ways you might try to keep employees and...

U.S. Court Of Appeals Case Summaries: May 16, 2005.
May 16, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Lease Payments - Administrative Expense In this bankruptcy case, filed under Chapter 11 and later converted to Chapter 7, a lessor of personal property is entitled under 11 U.S.C....

U.S. District Court VA Eastern Case Summaries: May 16, 2005.
May 16, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Proof Of Claim - Ch. 11 - Tax Return A furniture company that filed a Chapter 11 petition loses its objection to a claim filed by the IRS in an attempt to collect part of an income...

Virginia Court of Appeals Case Summaries: May 16, 2005.
May 16, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Marijuana Distribution - Constructive Possession The evidence proved defendant constructively possessed the marijuana and related paraphernalia discovered at his residence during...

Virginia Circuit Court Case Summaries: May 16, 2005.
May 16, 2005... Byline: Virginia Lawyers Weekly Staff Contract Real Estate Purchase - Limited Warranty - Arbitration A circuit judge denies reconsideration of his order granting a real estate seller's motion to compel arbitration of plaintiff...

VA Mandatory CLE Board proposes new rules for in-house seminars.(Virginia)(Continuing Legal Education Board)
May 23, 2005... Byline: Paul Fletcher The Virginia Mandatory Continuing Legal Education Board is seeking to tighten the rules on approval of law-firm sponsored courses and programs. The MCLE Board has proposed a new MCLE Opinion, No. 18, that sets...

VA Chief Justice Leroy R. Hassell Sr. makes his third State of the Judiciary address.
May 23, 2005... Byline: Deborah Elkins In state government, whether the times are lean or flush, the talk always turns to money. When state coffers are low, everyone tries to figure out where to make cuts and how to do without. When the revenue begins...

Greek firm requires workers to sing company anthem; government finds song offensive.(Brief Article)
May 23, 2005... Byline: Virginia Lawyers Weekly Staff In Athens, Greece, there is a telemarketing firm that requires its workers to do breathing and stretching exercises at the start of each day. Those who don't breathe and stretch will be fired. ...

Merriam-Webster gets 3,000 entries for favorite words that aren't in the dictionary.(Brief Article)
May 23, 2005... Byline: Virginia Lawyers Weekly Staff America needs new words. At least, that's what the editors of Merriam-Webster dictionaries thought when they posted a note on their Web site, asking visitors to submit their favorite words that...

The tale of Jennifer Wilbanks, the "Runaway Bride" from Georgia, moves into merchandise.(Brief Article)
May 23, 2005... Byline: Virginia Lawyers Weekly Staff You'd have thought that the 15 minutes of fame enjoyed by Jennifer Wilbanks, the "Runaway Bride" from Georgia would be over by now as the cable networks find something else to fill their time. But...

Supreme Court of Virginia rules state statute that criminalizes fornication is unconstitutional.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Now that we have your attention, consider a new development in Virginia personal injury law, and its possible implications for domestic relations practice. In January, the Supreme Court of Virginia...

VA Republicans and Democrats argue over judges in the General Assembly.(Brief Article)
May 23, 2005... Byline: Virginia Lawyers Weekly Staff The angry argument over the selection of federal judges has reached a fever pitch in Washington. Closer to home, Republicans and Democrats also have been bitterly sparring over judges in the General...

Virginia Lawyers in the News: May 23, 2005.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Troutman Sanders LLP has announced that James W. C. Canup has joined the firm's tax practice group in the Richmond office. He comes to Troutman Sanders as a partner from McGuire-Woods LLP. Canup's...

Spotsylvania's Judge Ledbetter gets Carrico Career Service Award.(William H. Ledbetter Jr. )(Brief Article)
May 23, 2005... Byline: Paul Fletcher Retired Spotsylvania Circuit Judge William H. Ledbetter Jr. was awarded the 2004 Harry L. Carrico Outstanding Career Service Award at the May 13 meeting of the Judicial Conference, the statewide organization of...

Lawyers may have to tighten up on expert deposition sharing in response to new HIPAA restrictions.(Health Insurance Portability and Accountability Act)
May 23, 2005... Byline: Deborah Elkins When a doctor faces a medical malpractice lawsuit, the lawyer defending her will want the lowdown about the plaintiff's expert. Lawyers always want the goods on the other side's guy - who is he, where is he from...

U.S. Court of Appeals Case Summaries: May 23, 2005.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Bankruptcy Trustee's Interim Fees - Final Order - Ch. 7 A Chapter 7 trustee and the trustee's counsel may not appeal a bankruptcy court's award of "interim" fees to them and to the...

U.S. District Court VA Eastern Case Summaries: May 23, 2005.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Discovery - Demonstrative Slides In this patent infringement litigation, although certain demonstrative exhibits were not formally admitted into evidence, they were used to make...

U.S. District Court VA Western Case Summaries: May 23, 2005.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Sentencing - Drug Conspiracy - Booker Where a defendant charged with various methamphetamine offenses went to trial only to challenge a firearm offense under 18 U.S.C. Sect. 924(c),...

Virginia Court of Appeals Case Summaries: May 23, 2005.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Aggravated Sexual Battery - Object Sexual Penetration Conviction of defendant for both animate object sexual penetration in violation of Va. Code Sect. 18.2-67.2, and aggravated...

Virginia Circuit Court Case Summaries: May 23, 2005.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Criminal Habeas Corpus - Ineffective Assistance Although a habeas petitioner convicted of embezzlement of retirement funds from Fairfax County employees contends his trial counsel failed to...

Verdicts & Settlements-May 23, 2005: Woman settles car-wreck claim against attorneys' advice.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff In a motor vehicle accident, plaintiff was hit head-on by defendant who had lost control while traveling opposite to plaintiff. Treatment was complicated when plaintiff came down with strep throat...

Verdicts & Settlements-May 23, 2005: Man left with limp after accident settles.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff was injured in a head-on collision with a Crane America truck which had crossed over onto the plaintiff's side of Route 301 in Hanover County. While plaintiff reached a good level of...

Verdicts & Settlements-May 23, 2005: Endoscopic sinus surgery causes brain damage.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff When a 59-year-old hospital worker was referred to an otolaryngologist for her chronic sinus problems, he recommended endoscopic sinus surgery. During the course of the subsequent procedure the doctor...

Verdicts & Settlements-May 23, 2005: Pancreatitis death case settled for $1.05M.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff During an endoscopy performed to evaluate an ulcer, a gastroenterologist evaluated an inflamed area of a duct which he thought might be precancerous. When he reviewed an equivocal pathology report, the...

Verdicts & Settlements-May 23, 2005: Lynchburg head-on wreck mediated.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff was traveling southbound on Route 29 in the City of Lynchburg. Defendant, who was operating a tractor-trailer loaded with empty glass bottles, was traveling northbound on Route 29. Defendant...

Verdicts & Settlements-May 23, 2005: Injury following hormone prescription settled for $500K.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff Plaintiff, 41, was prescribed Premarin, a female hormone, following a hysterectomy performed by defendant. Despite a clear, documented history of deep venous thrombosis and despite the Physicians Desk...

Verdicts & Settlements-May 23, 2005: Motorcycle case turned on who was driving.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff The plaintiff was at a local bar in Newport News. She had taken a taxi to the bar because she'd lost her license a couple years earlier as a result of a drunken driving conviction. She anticipated...

Verdicts & Settlements-May 23, 2005: Plaintiff gets settlement after sham transfer.
May 23, 2005... Byline: Virginia Lawyers Weekly Staff The defendant's husband conveyed all of his assets to the defendant three days before plaintiff's attorney obtained a $250,000 jury verdict against the defendant's husband ("the first case"). The...

Roanoke City Circuit judge rules married claimants max out VA Real Estate Recovery Fund.
May 30, 2005... Byline: Deborah Elkins A husband and wife who were defrauded by a now-defunct real estate company are entitled to $20,000 each - not $20,000 per couple - from the Virginia Real Estate Transaction Recovery Fund, a Roanoke City Circuit judge...

Will patent reform become a reality ths year?
May 30, 2005... Byline: Correy E. Stephenson - Dolan Media Newswires Patent lawyers may soon find themselves in the same situation as bankruptcy attorneys - coping with an overhaul of their legal system. A draft of a reform bill called "Patent Act of...

U.S. Court Of Appeals Case Summaries: May 30, 2005.
May 30, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Black Lung Claim - Survivor Benefits - VPCIGA Where a miner was receiving black lung benefits, but the insurance carrier for the responsible coal mining employer became insolvent...

U.S. District Court VA Eastern Case Summaries: May 30, 2005.
May 30, 2005... Byline: Virginia Lawyers Weekly Staff Attorneys Disqualification - Conflict Of Interest - Immigration Fraud Where a father and daughter were also business partners in a company they allegedly used for immigration fraud conspiracy,...

U.S. District Court VA Western Case Summaries: May 30, 2005.
May 30, 2005... Byline: Virginia Lawyers Weekly Staff Civil Practice Motion For Costs - Delayed Filing A defendant's motion for costs against plaintiff insurance company is granted even though plaintiff argues that the motion is untimely because...

VA Court Of Appeals Case Summaries: May 30, 2005.
May 30, 2005... Byline: Virginia Lawyers Weekly Staff Criminal DNA Evidence - Chain Of Custody A defendant's convictions of breaking and entering and grand larceny of a shop, based in part on DNA evidence from a trail of blood from shattered...

VA Circuit Court Case Summaries: May, 30, 2005.
May 30, 2005... Byline: Virginia Lawyers Weekly Staff Administrative Occupational Safety - Citation - Receipt By Corporate Officer Although a clerical employee who signed for delivery of a citation of a safety violation to a contractor is not an...