Virginia Lawyers Weekly articles from May 2007

Virginia Lawyers Weekly archives from May 2007

Litigation delay can cost brain-injured clients.
May 7, 2007... Byline: Arthur Y. Liss Dolan Media Newswires Lawyers are accustomed to delays. Complex cases can drag on for years, and lawyers learn to be patient. But a delay of even a few months can seem like an eternity for catastrophically...

How to ... Pick a meeting facility.(Column)
May 7, 2007... Byline: Bernadette Starzee You're in luck. Virginia has numerous meeting facilities, which include hotels, inns, country clubs, conference centers, university campuses and catering halls. There are facilities that can accommodate small...

Virginia Lawyers in the News: May 7, 2007.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff David B. Kendall of the Chandler Law Group has become a member of the Million Dollar Advocates Forum. The forum recognizes trial attorneys who have won million and multi-million dollar verdicts, awards...

Verdicts & Settlements May 7, 2007: Plaintiff awarded $500.000 under homeowner's policy.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff On January 1, 2004, Donald Brugh was working on a home that he had purchased to rehabilitate for rental or resale. The defendant had worked with plaintiff in rehabilitating other homes and joined...

Verdicts & Settlements May 7, 2007: Settlement for Erb's palsy from negligent cesarean section.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Unlike most brachial plexus injuries that occur in the context of shoulder dystocia, this child was injured during the course of a cesarean section. The baby was premature and the mother went into...

Virginia Beach judges lodge Va. State Bar complaint against prosecutor.(Virginia)
May 7, 2007... Byline: Alan Cooper Virginia Beach Commonwealth's Attorney Harvey L. Bryant III says that Norfolk's nine circuit judges misquoted him in filing an ethics complaint against him with the Virginia State Bar. However, those judges might...

Williamsburg woman wins $12.2M verdict for slip-and-fall outside store.
May 7, 2007... Byline: Alan Cooper Slip-and-fall cases are a staple of personal injury law practice, even though verdicts of more than few thousand dollars are relatively rare. Because of the limited physical impact from a fall, truly catastrophic...

On the same page: New electronic notarization of documents law has surprises attached.
May 7, 2007... Byline: Alan Cooper A new law that authorizes electronic notarization of documents, effective in July 2008, has some surprises for lawyers who deal with notarized documents. Some of the changes in procedure, which have begun to draw...

Lender conduct leads to defamation claim.
May 7, 2007... Byline: Deborah Elkins A mortgage borrower can sue a lender for defamation after the lender failed to pass along the borrower's correct address when transferring the loan to a loan servicing company. U.S. District Judge Gerald Bruce...

U.S. Bankruptcy Court Cases Summaries: May 7, 2007.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Bankruptcy Corporate Consolidation - Director Fiduciary Duties - 'Deepening Insolvency' - Ch. 11 In this Chapter 11 case involving voluntary bankruptcy petitions filed by debtor James River...

U.S. Court of Appeals Case Summaries: May 7, 2007.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Civil Rights Schools - Disabled Student - IDEA - IEP - Naming School A defendant school board's individualized education program for a middle-school student who suffered from Aspergers Syndrome...

U.S. District Court VA Eastern Case Summaries: May 7, 2007.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Taxable Costs - Private Process Servers In this products liability suit in which the defendant won summary judgment, the district court will allow defendant to recover the cost...

Virginia Court of Appeals Case Summaries: May 7, 2007.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Speedy Trial - Continuance Request A defendant's convictions of burglary and related offenses are affirmed despite his claim that his trial violated Virginia's speedy trial statute....

Virginia Circuit Court Case Summaries: May 7, 2007.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Service Of Process - Second Non-Suit A circuit court dismisses this auto-accident p.i. case because plaintiff did not effect service of process, and she is not entitled to a...

Verdicts & Settlements May 7, 2007: Workers' comp burn claim, Medicare set-aside settled.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff The claimant sustained second- and third-degree burns to his torso, upper extremities, face and neck on August 10, 2000, when an electric panel exploded as he was replacing a breaker. The claimant...

Verdicts & Settlements May 7, 2007: Contested rear-ender on I-85 settled through mediation.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff trucker rear-ended defendant trucker at night on Interstate 85 in Brunswick County. Plaintiff alleged that the defendant stopped in an unsafe manner on the shoulder with a few feet of his...

Verdicts & Settlements May 7, 2007: Declaratory judgment action results in finding of UIM coverage.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff On September 16, 2004, Bundy, a resident of Connecticut, was driving a tractor trailer on Interstate 295 in Henrico County early in the morning. The tractor trailer was owned by a Connecticut...

Verdicts & Settlements May 7, 2007: Long-running traffic case ends with $700,000 jury verdict.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff James Snavely was a driver in two accidents that occurred within three days of each other. The first involved a T-bone accident spinning around his family van. His daughter was taken to the hospital...

Verdicts & Settlements (May 7, 2007) Crash after cocaine, Xanax useresults in punitive damages.
May 7, 2007... Byline: Virginia Lawyers Weekly Staff The defendant had spent several hours smoking crack cocaine, followed by taking Xanax that had not been prescribed. She then received a prescribed dose of methadone. Driving home, she blacked out and...

Verdicts & Settlements May 14, 2007: Virginia verdict less than specials for soft tissue injuries.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff had a three-year history of chiropractic care due to poor posture (most with plaintiff's expert) before the accident. Photographs showed no property damage to vehicles. The case went to jury...

Verdicts & Settlements May 14, 2007: Virginia jury returns defense verdict in shoulder dystocia case.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Defendant was an obstetrician-gynecologist. Plaintiff presented to Warren Memorial Hospital on September 9, 1999, in preterm labor. Plaintiff had intended to delivery her baby at Warren Memorial...

Verdicts & Settlements May 14, 2007: Structured settlement reached for injuries from workplace fall.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff The claimant fell from a roof and suffered a spinal cord fracture resulting in paraplegia. The claimant also suffered injuries to both arms requiring surgery. The claimant is able to bathe, dress and...

Verdicts & Settlements May 14, 2007: Virginia jury awards $450K for carpal tunnel injury.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff had carpal tunnel syndrome to both hands. She did not have money for the operation, but Dr. Robert Adelaar said that the operation was necessary to relieve her of this pain. He opined that...

Verdicts & Settlements May 14, 2007: Arbitration leads to settlement for herniated disc claim.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff On September 29, 2003, plaintiff's vehicle was rear ended by a dump truck while her vehicle was lawfully and properly stopped on Interstate 64 eastbound in Norfolk. Plaintiff suffered injuries to her...

Verdicts & Settlements May 14, 2007: Virginia jury finds for defense on Magnuson-Moss claim.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff alleged that Ford Motor Company failed to conform his 2001 Ford F-250 to express and implied warranties in violation of the Magnuson-Moss Warranty Act. This automobile warranty case was...

Verdicts & Settlements May 14, 2007: Virginia trucking wreck is resolved through mediation.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff While driving in the right northbound lane of Interstate 81 in Roanoke just before the on-ramp for I-581, defendant Wickstrom experienced a seizure that caused him to lose control of his car. He...

Verdicts & Settlements May 14, 2007: Heel fractures in fall lead to comp settlement.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff The claimant was a sole proprietor of a construction company that had a contract with the city of Richmond to secure vacant and abandoned properties. On March 21, 2005, the roof above the porch of a...

Verdicts & Settlements (May 14, 2007) Civil 'shaken baby' case results in defense verdict.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff The plaintiff was a 3-month-old male infant who was placed in day care on May 15, 2001. On his second morning at the defendant day care provider, the child was lethargic and did not eat well. At around...

Commentary: School is in session for summer associates.
May 14, 2007... Byline: Joyce Manna Janto Law students who are starting summer associate positions often need a "reality check." Whether these aspiring lawyers are moving from the casual summer employment of their college days, or switching...

New Lawyers: Bar pass list for February 2007.(List)
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Editor's Note: Below is a list of the 323 people who passed the February 2007 Virginia bar examination. A total of 596 candidates took the exam, for a pass rate of 54.2 percent. Congratulations to all...

Virginia employer gets new defamation trial.
May 14, 2007... Byline: Deborah Elkins A Fairfax Circuit judge has ordered a new trial in a defamation case based on statements about an ex-employee's "conflicts with co-workers," "work style" and departure "for another job that was more flexible." ...

Virginia circuit judge throws out fiduciary duty claim.
May 14, 2007... Byline: Alan Cooper A kids' playground game is contributing to the development of corporate law in Virginia. Of course, you have to make kickball something corporate before that can happen, and the four principals in WAKA LLC,...

Virginia jury awards $28M in Federal Tort Claim med-mal lawsuit.
May 14, 2007... Byline: Alan Cooper In June 2000, a little less that three years after her first son had been born with brain damage that left him retarded and disfigured by cerebral palsy, Jennifer Cibula visited doctors at the Bethesda Medical Center to...

54 percent pass the February Virginia bar exam.(Brief article)
May 14, 2007... Byline: Sarah Rodriguez The results are in for the February 2007 bar exam. There soon will be 323 new Virginia-licensed attorneys, as reported by the Virginia Board of Bar Examiners. A total of 596 candidates took the February exam,...

Virginia senators recommend seven candidates for two district judgeships.(List)
May 14, 2007... Byline: Alan Cooper Virginia Sens. John Warner and Jim Webb have recommended seven candidates for two federal judgeships in the Eastern District of Virginia. If nominated by President Bush and confirmed by the Senate, two of the...

Virginia State Bar Council elects representatives.
May 14, 2007... Byline: Alan Cooper The results from the recent circuit elections for representatives to the Virginia State Bar Council are in. Curtis M. Hairston Jr. of Richmond was the only incumbent to lose in a contested race. Brian L....

Virginia law firm McGuireWoods' Norfolk office wins Food Frenzy.
May 14, 2007... Byline: Alan Cooper The Norfolk office of McGuireWoods LLP won the Attorney General's Cup by donating 42,824 pounds of food--1,338 pounds per person in the office--in the Legal Food Frenzy competition among Virginia law firms. The...

U.S. Court of Appeals Case Summaries: May 14, 2007.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Civil Rights First Amendment - Classroom Displays - Religious Expression A high school Spanish teacher loses his lawsuit alleging that defendant York County School Board violated the teacher's...

U.S. District Court of Eastern Virginia Case Summaries: May 14, 2007.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Complaint Amendment - UCC - Defective Sprinkler A plaintiff who alleges damages from operation of a defective sprinkler system may amend its complaint against two manufacturers,...

U.S. District Court of Western Virginia Case Summaries: May 14, 2007.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Employment Discrimination Deputy Sheriff - Sexual Harassment Although defendant sheriff contends he terminated plaintiff deputy after she was convicted of misdemeanor obstruction of justice,...

Virginia Court of Appeals Case Summaries: May 14, 2007.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Felony Property Destruction - Intentional Vehicle Collision A defendant who confronted a man and woman in a parked car, ordered the woman out of the car, and then struck the man's...

Virginia Circuit Court Case Summaries: May 14, 2007.
May 14, 2007... Byline: Virginia Lawyers Weekly Staff Civil Procedure Settlement - Verbal Agreement Although an insurance claims adjuster asserts that the parties reached a verbal agreement by telephone that plaintiff would accept $1,500 in full...

Market the firm or the attorneys? Finding a common thread.
May 21, 2007... Byline: Les Altenberg Dolan Media Newswires Any law firm with at least a handful of attorneys and more than one area of emphasis inevitably is faced with a critical business development question: Do we market the firm in general or do we...

Virginia lawyers in the News: May 21, 2007.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Hank J. Heyming and Shannon VanVleet Patterson have joined the Richmond office of Troutman Sanders LLP as associates in its securities & corporate governance practice group. Heyming was previously...

Va. wheelchair accident injuries settles for a total of $2.8M.(Ulrich Alber GMBH, Virginia)
May 21, 2007... Byline: Alan Cooper Doris Starcher overcame one truly devastating accident. A car wreck in 1983 when she was 23 years old left her an incomplete quadriplegic--incomplete in that she maintained limited use of her arms and hands. ...

Virginia man may discharge student debt, despite ignoring payment option.(William M. Hooker Jr.)
May 21, 2007... Byline: Deborah Elkins A Harrisonburg federal judge has given an ailing debtor another chance to discharge 11 student loans dating from 1989. The debtor's failure to pursue an "income contingent repayment plan" for his CitiBank loans...

Virginia circuit judge enters a default liability judgment against Cavalier Telephone.
May 21, 2007... Byline: Alan Cooper A Fairfax circuit judge has entered a default liability judgment against Cavalier Telephone because the company failed to produce discovery despite being ordered to do so on several occasions. The judgment stemmed...

Virginia Association of Defense bar still assessing January case on sanctions.
May 21, 2007... Byline: Alan Cooper and Deborah Elkins CHARLOTTESVILLE--Lawyers at the Virginia Association of Defense Attorneys Spring Section meetings earlier this month still were reeling a bit from the Supreme Court of Virginia's decision in Ford Motor...

U.S. Court of Appeals Case Summaries: May 21, 2007.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Consumer Protection Debt Collection - FDCPA - Immunity A district court erred in holding that a law firm had "common law litigation immunity" from a debtor's claims under the Fair Debt...

U.S. District Court of Eastern Virginia: May 21, 2007.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Contract International Arbitration - Rice Contract - Panel Procedures A commodities trader that operates under the laws of the state of Georgia and that specializes in supplying commodities to...

U.S. District Court of Western Virginia: May 21, 2007.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Bankruptcy Dischargeability Of Debt - Student Loan - Undue Hardship - HIV Status A district court reverses a bankruptcy judge's decision denying a discharge of student loan debt to a debtor...

Virginia Court of Appeals Case Summaries: May 21, 2005.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Murder Trial - Gender- Based Peremptory Strikes A woman's conviction for the first-degree murder of her husband is reversed because we hold that the commonwealth's use of all of its...

Virginia Circuit Court Case Summaries: May 21, 2007.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Landlord/Tenant Commercial Lease - Banquet Venue - Rent & Taxes In this landlord-tenant dispute between property owners and their tenants who operated a site for weddings and banquets, and in...

Verdicts & Settlements May 21, 2007: Va. wrongful death claim settles for $1.185M.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff On June 18, 2006, plaintiff was traveling east on Route 60 (Anderson Highway) in Powhatan County when her vehicle was struck from the side, rolled over five times and ejected her husband from the...

Verdicts & Settlements May 21, 2007: Va. builder, surveyor complaint settled by mediation for $120K.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiffs, homeowners, contracted with defendant builder to construct a four-story house in Arlington County. Plaintiffs retained defendant surveyor to perform a stakeout and wall-check survey during...

Verdicts & Settlements May 21, 2007:Va. court upholds $1.9M in fees for corporation's directors.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Partners in a closely held real estate development corporation confronted some personality and business conflicts after doing business together for 14 years. One of the partners--a 40 percent...

Verdicts & Settlements May 21, 2007: Va. wheelchair fall injuries result in $2.8M settlement.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff The plaintiff, Donna Starcher, had been in an automobile accident in 1983 which left her an incomplete quadriplegic with limited use of her arms and hands. She thereafter built a successful career as an...

Verdicts & Settlements May 21, 2007: Va. varsity tennis player receives $133K in pedestrian accident.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff, a varsity tennis player at Virginia Tech, was in a pedestrian crosswalk when defendant's vehicle struck her and hurled her through the air and onto the pavement. Immediately following...

Verdicts & Settlements May 21, 2007: Virginia motorcycle crash suit settles for $925K.
May 21, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff, a 48-year-old male, was riding a motorcycle borrowed from a used car dealership where he worked as a mechanic. Plaintiff alleged that defendant abruptly changed lanes without signaling,...

Verdicts & Settlements May 28, 2007: Traumatic brain injury case settled in Fairfax for $75K.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff On April 15, 2004, the plaintiff's vehicle was struck on the driver's side by the defendant in an intersection. The defendant had run a red light. Plaintiff was taken by rescue squad to the hospital...

Verdicts & Settlements May 28, 2007: Disc tear from rear-ender settled in Loudoun for $43k.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff, a 31-year old conference planning manager, was injured when the vehicle in which she was sitting was struck from behind in a three-car collision. The defendant was attempting to make a lane...

Verdicts & Settlements May 28, 2007: Drunken tow truck driver not liable for I-95 death.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff A driver of Aggressive Towing and Transport Inc. had pulled over to the shoulder of Interstate 95 northbound. A vehicle with a driver and three passengers ran off the highway and into the back of the...

Verdicts & Settlements May 28, 2007: Jury rejects claim of morphine overdose.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff The decedent, a 49-year-old, profoundly mentally retarded resident of a state facility, died within approximately two hours of receiving a 15mg dose of morphine. An autopsy was performed and although...

Verdicts & Settlements May 28, 2007: Defendants win verdict in defective bolt case.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff This lawsuit involved a former Dominion Virginia Power lineman who claimed he fell out of a loader backhoe because of an improperly designed door and an improperly manufactured component part. As a...

Commentary: Identifying and securing intellectual property.
May 28, 2007... Byline: Ozzie A. Farres Companies can lose out when they fail to timely identify and secure ownership rights in their hard-earned work product. Businesses, both big and small, can lose valuable property and the commercial advantage that...

Commentary: Patent Reform Act proposes new ways to grant and test patents.
May 28, 2007... Byline: Maya Eckstein The 2007 Patent Reform Act is the latest in several recent attempts to reform the patent system. While previous attempts languished, the Act is a bipartisan and bicameral effort that, thus far, appears to have the...

Commentary: The importance of competent opinions from patent counsel.
May 28, 2007... Byline: Clayton Thompson The U.S. Court of Appeals for the Federal Circuit has resolved a conflict in its decisions on the question of when a manufacturer can be found liable for inducing infringement. In an en banc opinion, DSU...

Supreme Court of Virginia: Refining the law on attorney sanctions.
May 28, 2007... Byline: Alan Cooper Last August, the Supreme Court of Virginia fined Roanoke lawyer D. Stan Barnhill $1,000 and suspended him from practicing before the court for a year because of an intemperate petition for rehearing he had filed. ...

No contract claims for fired general counsel, rules Alexandria Circuit judge.
May 28, 2007... Byline: Deborah Elkins A company's general counsel, fired after 20 years of service, cannot sue the company's chief operating officer on claims of tortious interference with contract, an Alexandria Circuit judge has ruled in Rubin v....

Virginia Judicial Inquiry and Review Commission: Censure or remove J&DR judge.(juvenile and domestic relations)
May 28, 2007... Byline: Alan Cooper Tammy Giza and a deputy court clerk have a very different recollection of a custody hearing from that of the attorney for Giza's husband and James Michael Shull, a juvenile and domestic relations district judge who sits...

TILA notice on cancellation won't create rescission right, rules federal judge in Newport News.(Truth in Lending Act)
May 28, 2007... Byline: Alan Cooper Providing a cancellation notice under the federal Truth in Lending Act does not create a right of rescission for a mortgage secured by commercial real estate, a federal judge in Newport News has ruled. John C....

U.S. Court of Appeals Case Summaries: May 28, 2007.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Bankruptcy Jurisdiction - Breach Of Contract - Tortious Interference Although the Chapter 11 debtor, a limited partnership that financed its purchase of two Staunton, Va. office buildings...

U.S. District Court VA Eastern Case Summaries: May 28, 2007.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Consumer Protection TILA - Right To Cancel - Inapplicable Notice A debtor in a mortgage loan contract does not have a right to rescind the agreement under the federal Truth in Lending Act when...

Virginia Court of Appeals Case Summaries: May 28, 2007.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Criminal Drug Possession - Paraphernalia In Vehicle Although defendant claims the commonwealth failed to prove that she knowingly and intentionally exercised dominion and control over the...

Virginia Circuit Court Case Summaries: May 28, 2007.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Domestic Relations Equitable Distribution - Marital Home - Wife's 401(k) Plan A husband who signed a quit claim deed of the marital residence to wife during a period when he was concerned that...

Verdicts & Settlements May 28, 2007: Plastic surgeon not liable for failing to detect cancer.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Plaintiff's decedent was 62 years old when he first saw defendant, a plastic surgeon, on May 20, 2003, for decubitus ulcer on the right buttock consistent with a deep abscess. Although active,...

Verdicts & Settlements May 28, 2007: Persistent mediation results in bus death settlement.
May 28, 2007... Byline: Virginia Lawyers Weekly Staff Decedent, a 14-year-old middle school student, was killed on Jan. 2, 2006, after exiting a school bus. The bus driver failed to activate the bus's amber warning lights as the bus approached decedent's...