Virginia Lawyers Weekly articles from November 2006

Virginia Lawyers Weekly archives from November 2006

Insight on a book written by a lawyer called 'Anonymous Lawyer'.(Book review)
November 2, 2006... Byline: Gerald M. Moody With humor and bite, fictional 'Anonymous Lawyer' is real deal By Gerald M. Moody Dolan Media Newswires I am a lawyer. I enjoy practicing law, and I enjoy other lawyers. However, I am not usually interested...

HOW TO ... choose a public relations firm.
November 6, 2006... Byline: Bernadette Starzee Dolan Media Newswires Before you shop for a public relations agency, ask yourself why you need one in the first place. Do you want the agency's help with a one-time project or for long-term strategic planning? Are...

With humor and bite, fictional 'Anonymous Lawyer' is real deal.(Jeremy Blachman)
November 6, 2006... Byline: Gerald M. Moody Dolan Media Newswires I am a lawyer. I enjoy practicing law, and I enjoy other lawyers. However, I am not usually interested in books by or about lawyers; I just do not read them. I like to think I have a life beyond...

Virginia Lawyers in the News: November 6, 2006.(Kyung Dickerson)(Thomas J. Flaherty)(Michael A. Beverly)
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Kyung (Kathryn) Dickerson has become a principal of the firm of Smolen Plevy. Her practice areas include general litigation with an emphasis in family law, divorce and custody. She has been appointed a...

Charlottesville circuit judge says health foundation doesn't get immunity.(University of Virginia. Health Services Foundation)
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Physicians, not indigent patients, are the primary beneficiaries of the University of Virginia Health Services Foundation, a Charlottesville circuit judge has concluded. "Those who most benefit...

The Virginia State Bar Council backs assessment for Clients' Protection Fund.
November 6, 2006... Byline: Alan Cooper The Virginia State Bar Council has endorsed a proposal to finance the Clients' Protection Fund with a special assessment of up to $25 annually rather than with an appropriation from bar dues. The proposal grew out...

Lawyer's lawsuit over fee reduction dismissed by judge.(Steven D. Rosenfield )
November 6, 2006... Byline: Alan Cooper Charlottesville lawyer Steven D. Rosenfield may not get the $25,456.25 he believes he was shorted in the defense of a death row inmate, but he likes to think he had something to do with a new judicial guideline that...

No VA Consumer Protection Act claim for 'medical device' suit.(Virginia)
November 6, 2006... Byline: Deborah Elkins A patient alleging dental malpractice cannot sue a manufacturer of orthodontic headgear under the Virginia Consumer Protection Act, under an Oct. 19 decision by a Norfolk Circuit judge. The VCPA, which allows...

Death penalty not sought, but lawyer can claim higher fee.
November 6, 2006... Byline: Virginia Lawyers Weekly Staff An attorney who represents a federal capital murder defendant is entitled to the higher rate for capital case representation even if the government does not seek the death penalty, a federal judge in...

U.S. Court of Appeals Case Summaries: November 6, 2006.(RSM Inc. v. Herbert)(Willcox v. Stroup)(Manufactured Housing Institute v. U.S. EPA )
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Firearms Dealer - License Revocation A Baltimore firearms dealer that repeatedly violated requirements of the Gun Control Act, 18 U.S.C. Sect. 923, loses its request for review...

U.S. District Court VA Eastern Case Summaries: November 6, 2006.(Virginia)(Sherling v. Duffield)(Agri-Supply Co. v. Agrisupply.com )
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Civil Procedure Personal Jurisdiction - Real Estate Sales Contract - Default Judgment . A Virginia federal district court does not have personal jurisdiction over three Tennessee residents...

U.S. District Court VA Western Case Summaries: November 6, 2006.(Virginia)(U.S. v. Drayton)(Rosenfield v. Wilkins )
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Counsel Fees - Capital Case Standard In a concluded criminal case, the district court holds that fees awarded to court-appointed counsel are to be governed by the capital case...

Virginia Court of Appeals Case Summaries: November 6, 2006.(Walker v. Commonwealth)(Harris v. Commonwealth )
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Weapon Possession - Prison Inmate A prisoner at a jail is convicted of possession of a weapon in violation of Va. Code Sect. 53.1-203(4) despite his contention that another inmate...

Virginia Circuit Court Case Summaries: November 6, 2006.(Morris v. University of Virginia Health Services Foundation)(Hart v. Savage )
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Negligence Charitable Immunity - UVa Physicians Weighing the factors outlined under Ola v.YMCA of South Hampton Roads to determine whether a UVa physicians' organization is entitled to...

Verdicts & Settlements November 6, 2006: Man sues stepdaughter for cleaning out bank accounts.(Golden v. Manley)
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Upon his wife's death, a legally blind 76-year-old made his stepdaughter an accommodation co-holder of his five bank accounts opened in Williamsburg. Months later, without permission, she closed out...

Verdicts & Settlements November 6, 2006: Jury returns $2.2M verdict for failure to diagnose strep.(Angela W. Dokes, Administrator of the Estate of Derek Dokes, Deceased v. David F. Waller, M.D., Family Medicine Associates, P.C. and Elizabeth Ann Proctor)
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff's decedent was a 34-year-old male in excellent health who was a physical fitness buff. He presented to defendants' practice on Nov. 19, 2003, with complaints of muscle pain, most severe in...

Verdicts & Settlements November 6, 2006: Bar altercation settled for $37,500.(Worlds v. Lion LLC)(Brief article)
November 6, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff was a 33-year-old female who went to a bar/restaurant in Portsmouth with several of her friends. At some point during the evening, she ended up being the only person at her table and was...

U.S. Court of Appeals Case Summaries: November 13, 2006.(U.S. v. Chase )
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Sentencing - Drug Dealer - Acceptance Of Responsibility - Plea Agreement A defendant who failed to pay a special assessment called for in a plea agreement, and who only told the...

U.S. District Court of Western Virginia Case Summaries: November 13, 2006.(Cline v. Horwitz)(Kennedy, Adm'x v. Joy Technologies Inc.)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Medical Malpractice Limitations - Continuing Treatment Rule A 14-month gap between plaintiff's visits to defendant podiatrist does not necessarily keep plaintiff from invoking the continuing...

Virginia Court of Appeals Case Summaries: November 13, 2006.(Media General Inc. v. City of Bristol)(Burton v. Commonwealth)(Wright v. Commonwealth )
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Va. FOIA - 911 Tape - Attorney's Fees The City of Bristol is liable to a newspaper for attorney's fees for the newspaper's pursuit of a FOIA petition to obtain release of a 911...

Virginia Supreme Court Case Summaries: November 13, 2006.(Green v. Virginia State Bar)(Collins v. First Union National Bank)(Bethel Investment Co. v. City of Hampton )
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Attorneys Discipline - Mitigation Of Sanction - Publicity The Virginia State Bar Disciplinary Board abused its discretion in refusing to admit certain evidence in mitigation of a disciplinary...

Verdicts & Settlements November 13, 2006: Virginia jury awards $38,110 for auto accident injuries.(Claiborne v. Goodrich)(Brief article)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Type of Action: Automobile Accident Type of Injuries: Neck and back Name of Case: Claiborne v. Goodrich Court: Brunswick County Circuit Court Tried Before: Jury Name of Judge: W....

Verdicts & Settlements November 13, 2006: Virginia grocery store settles for $195K in fall suit.(Smith v. Community Pride, Inc.)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff The plaintiff alleges that she purchased a single jar of mayonnaise which was placed into a plastic bag at the checkout counter. She took two steps away from the counter when the bottom of the bag broke...

Verdicts & Settlements November 13, 2006: Virginia jury awards $30K in auto accident suit.(Barton v. Booth)(Brief article)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Liability in this case was admitted. The judge declared a mistrial in the first trial, as the jury awarded only the special damages. Type of Action: Automobile Accident Type of Injuries: Neck...

Verdicts & Settlements November 13, 2006: liver surgery med-mal case settles at $800K.(Brief article)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff This was a wrongful death case resulting from alleged medical negligence arising out of a liver biopsy. The plaintiff's decedent was a 48-year-old female admitted to a local hospital with a history of...

Successfully marketing your solo practice.
November 13, 2006... Byline: Austin G. Anderson, Dolan Media Newswires You have made the decision to practice alone. Having made the decision, you have committed to building a practice through effective client development and retention practices. This article...

Virginia personal injury lawyers share ideas for marketing success.
November 13, 2006... Byline: Alan Cooper John C. Shea and Douglas A. Barry are in personal injury firms that spend a lot of money on advertising, especially television advertising. They endorse all forms of marketing, but they believe most in getting...

Schemes that promise to raise law firms' Web site ranking.
November 13, 2006... Byline: Jane Pribek Dolan Media Newswires "Your SITE could be the FIRST in GOOGLE!" proclaimed the subject line of a recent spam I received. Great. Never mind that I don't have a Web site. This particular e-mail came from "Cindy...

Virginia Lawyers Weekly announce Leaders in the Law 2006.(Awards list)(Brief article)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Virginia Lawyers Weekly is pleased to announce the 2006 recipients of our "Leaders in the Law" awards. There are 15 honorees, selected from more than 70 highly qualified and accomplished nominees. We...

Virginia Supreme Court reinstates two defamation cases with unlikely plaintiffs.(Tronfeld v. Nationwide Mutual Insurance Co.)(Carolina v. Alford)
November 13, 2006... Byline: Alan Cooper The Supreme Court of Virginia has reinstated two defamation cases with unlikely plaintiffs: a personal injury lawyer and a sex offender. The court ruled that Richmond lawyer Jay Tronfeld could proceed with his suit...

Virginia federal judge rules podiatrist cannot use "continuing treatment" rule in med-mal claim.(medical malpractice)(Cline v. Horwitz )
November 13, 2006... Byline: Paul Fletcher Even though a woman waited 14 months between visits to her podiatrist, a podiatrist could not use the "continuing treatment" rule to knock out her medical-malpractice claim on the statute of limitations, according to...

Dependent spouse can request reservation of a right to receive support in divorce case.(Harrell v. Harrell )
November 13, 2006... Byline: Deborah Elkins When a couple divorces, a dependent spouse may not ask for alimony right away, but she may have in mind requesting support in the future. In that case, a spouse who wants to keep open the option to ask for...

Virginia Supreme Court reverses convictions in five different cases.(Workman v. Commonwealth)(Moore v. Commonwealth)(Gillespie v. Commonwealth)
November 13, 2006... Byline: Alan Cooper The Supreme Court of Virginia has reversed the voluntary manslaughter conviction of an off-duty Drug Enforcement Administration agent who shot and killed a man outside a Roanoke restaurant in February 2002. The...

First Eastern District of Virginia public defender dies with brain cancer.(Frank W. Dunham Jr.)(Obituary)
November 13, 2006... Byline: Virginia Lawyers Weekly Staff Frank W. Dunham Jr., the first federal public defender for the Eastern District of Virginia, died Nov. 3 after a long battle with brain cancer. He was 64. Mr. Dunham was best known for his--and his...

Virginia Circuit Court Case Summaries: November 20, 2006.
November 20, 2006... Byline: Virginia Lawyers Weekly Staff Civil Procedure Default Judgment - Service Of Process - Husband's New Wife A woman who is petitioning to set aside a Maryland default judgment docketed against her in Rockingham County wins a...

Verdicts & Settlements November 20, 2006: Experts battle in suit over surgery, defense wins.(Schikman v. Gene D. Branum)
November 20, 2006... Byline: Virginia Lawyers Weekly Staff The plaintiff was referred to Dr. Gene Branum, a board-certified general surgeon in Harrisonburg on Oct. 24, 2002 for evaluation of colon cancer. She was diagnosed with an obstructing cancer in the...

Verdicts & Settlements November 20, 2006: Girl hurt in Amelia crash settles for $2.5M.(Brief article)
November 20, 2006... Byline: Virginia Lawyers Weekly Staff On Aug. 10, 2004, the plaintiff, an 8-year-old female, was a passenger in a vehicle attempting to cross State Route 360 in Amelia County. The primary defendant was operating a tractor-trailer and...

Verdicts & Settlements November 20, 2006: Plaintiff wins $1M at trial, UM coverage issue pending.(underinsured motorist)(Brief article)
November 20, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff was rear-ended while working for his employer. The defendant was uninsured. The plaintiff sustained a bilateral pars fracture at L4 requiring surgery, and thereafter was only permitted light...

CGL insurance: The subcontractor coverage exclusion.(commercial general liability)
November 20, 2006... Byline: William A. Oden III Dolan Media Newswires Contractors — Think your insurance will protect you from your subcontractors' mistakes? Think again. For decades, general contractors and trade contractors who subcontracted work...

Commentary: Navigating the appellate process presents challenges.(Column)
November 20, 2006... Byline: L. Steven Emmert I recently had the opportunity to address the Fredericksburg Area Bar Association at its monthly meeting, to discuss appellate practice. After the presentation, the floor was opened for questions. Here are some of...

Alexandria U.S. District Court rules for manufacturer of high-end pet products.(Louis Vuitton Malletier S.A. v. Haute Diggity Dog LLC)
November 20, 2006... Byline: Deborah Elkins Pets - excuse me, animal companions - are big business in America. Any shopper who idly wanders the aisles at PetSmart can see that dogs are among the most pampered of pets. Even purveyors of luxury goods know...

VA Lawyers in the News: November 17, 2006.(Virginia)(Jennifer T. Wexton)(Deborah Rochkind )
November 20, 2006... Byline: Virginia Lawyers Weekly Staff Jennifer T. Wexton has become a partner in the firm Ritenour Paice & Mougin-Boal in Leesburg. Wexton previously worked as an assistant commonwealth's attorney for Loudoun County. She also practiced law...

Loudoun County Court rules excess carrier paid settlement, gets stuck for 'business decision'.(Amica Mut. Ins. Co. v. Liberty Mut. Fire Ins. Co.)
November 20, 2006... Byline: Paul Fletcher An excess insurance carrier that voluntarily paid a personal-injury claim can't turn around and stick the primary insurance company for the cost of the settlement, under a ruling by a Loudoun County Circuit judge....

Fauquier County judge recognizes tort of sexual battery.(Jeffrey W. Parker )
November 20, 2006... Byline: Alan Cooper A Fauquier County judge has recognized aggravated sexual battery as an independent civil cause of action. Circuit Judge Jeffrey W. Parker apparently is the first Virginia judge to do so. In a Nov. 8 opinion, he...

Abingdon federal district court rules no negligence claim for false HIV test.(Hickman v. Laboratory Corp. of America Holdings Inc.)
November 20, 2006... Byline: Deborah Elkins A technician who received a "false positive" HIV test after a needle stick at work cannot sue the company that reported the wrong result for negligence, an Abingdon federal district court has ruled. The...

Questions raised by missing estate money in VA.(Virginia)(Case overview)
November 20, 2006... Byline: Alan Cooper Accountings for the estate of Florence C. Williams by executor Harvey Latney Jr. were past due, so Richmond Commissioner of Accounts Richard C. Manson Jr. began writing letters and calling Latney. After more than a...

Supreme Court of VA reaffirms rule that mom, baby both have claims.(Virginia)
November 20, 2006... Byline: Alan Cooper The Supreme Court of Virginia has rejected a challenge to its 1990 ruling that both the mother and a child who is born alive may have medical malpractice claims. Dr. Robert L. Castle admitted liability and agreed to...

Commentary: A brave new world?(electronically stored information)(Column)
November 20, 2006... Byline: George E. Kostel and Richard D. Kelley Will the new Federal Rules regarding electronic discovery change the way you practice? Assuming you have been adhering to the spirit of the Federal Rules all along, then the answer should be...

4th U.S. Circuit Court must rule on D&O insurer's claim.
November 20, 2006... Byline: Alan Cooper The directors and officers of the defunct Reciprocal of America have asked the 4th U.S. Circuit Court of Appeals to grant en banc review of a ruling that requires a district judge to rule on the D&O insurer's claim that...

U.S. Court Of Appeals Case Summaries: November 20, 2006.
November 20, 2006... Byline: Virginia Lawyers Weekly Staff Administrative Black Lung Benefits - Collateral Estoppel - Prior Ruling A miner's widow is entitled to a remand of her claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C....

U.S. District Court VA Eastern Case Summaries: November 20, 2006.(Virginia)
November 20, 2006... Byline: Virginia Lawyers Weekly Staff Civil Procedure Removal - Timely Notice - Diversity Action A Norfolk federal district judge adopts the reasoning of US Airways Inc. v. PMA Cap. Ins. Co., 340 F. Supp 2d 699 (E.D. Va. 2004), and...

Virginia Court Of Appeals Case Summaries: November 20, 2006.
November 20, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Statutory Burglary - Indictment - Nighttime v. Daylight Entry An indictment that charged statutory burglary based on an alleged felonious entry in the nighttime to commit larceny, for...

Virginia judges will be surveyed on their practices.(Survey)
November 27, 2006... Byline: Alan Cooper The first meeting of the Advisory Committee for Non-English Speakers in Virginia Courts demonstrated that the committee will have no shortage of issues to address. The Virginia Judicial Council approved the creation...

U.S. Court of Appeals 4th Circuit Case Summaries: November 27, 2006.(Omega World Travel Inc. v. Mummagraphics Inc.)(Eckelberry v. ReliaStar Life Ins. Co.)
November 27, 2006... Byline: Virginia Lawyers Weekly Staff Commercial CAN- SPAM - Preemption - Okla. Law - 'Bare Error' Although a federal statute, the Controlling the Assault of Non-Solicited Pornography & Marketing Act of 2003 (CAN-SPAM Act), 15...

U.S. District Court VA Eastern Case Summaries: November 27, 2006.(Virginia)(U.S. v. Cooper)(Penn-America Insurance Co. v. Mapp )
November 27, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Mail Abandonment - Postal Inspector Interview - Coerced Statement A former mail carrier being tried for taking charge of mail and voluntarily quitting and deserting the mail prior to...

U.S. District Court VA Western Case Summaries: November 27, 2006.(Virginia)(U.S. v. Caro )
November 27, 2006... Byline: Virginia Lawyers Weekly Staff Criminal Capital Case - Pretrial Rulings - Deterrence Argument In this capital murder prosecution of an inmate for allegedly killing his cellmate, the district court rejects the magistrate...

Virginia Court of Appeals Case Summaries: November 27, 2006.(Bryant v. McDougal )
November 27, 2006... Byline: Virginia Lawyers Weekly Staff Domestic Relations Property Settlement - Husband's Assent - 'Subject To' Although husband affirmed before a court reporter his assent to the general terms of an oral property settlement...

Virginia Circuit Court Case Summaries: November 27, 2006.
November 27, 2006... Byline: Virginia Lawyers Weekly Staff Civil Procedure Discovery - Defamation - TV Ad - Water Pollution In this suit by a West Virginia judicial candidate and a coal company alleging defendant consumer group defamed them with a...

Verdicts & Settlements November 27, 2006: Death case settled after stacking issue resolved.(McDonald, Administrator of the Estate of Thurman E. McDonald, Deceased v. Gyapong)(Brief article)
November 27, 2006... Byline: Virginia Lawyers Weekly Staff The plaintiff's decedent was a 15-year-old passenger in a single car accident on June 11, 2005. The wreck occurred on Parker Lane near Blythe Drive in Chesterfield when the defendant ran off the right...

Verdicts & Settlements November 27, 2006: Left-turn car wreck settled.(McFadden v. Karns)(Brief article)
November 27, 2006... Byline: Virginia Lawyers Weekly Staff This claim arose from a two-vehicle accident which occurred on June 2, 2003, when the defendant made a left turn in front of the plaintiff. Defendant's counsel elected to admit liability and argued to...

Verdicts & Settlements November 27, 2006: Jury's $29K verdict was within high-low.(Park v. York)(Brief article)
November 27, 2006... Byline: Virginia Lawyers Weekly Staff This case involved a high speed collision which occurred when the defendant pulled out and attempted a left hand turn into oncoming traffic on Route 28, after crossing three lanes of traffic. The impact...

Verdicts & Settlements November 27, 2006: Passenger gets limits from driver, other motorist.(Robinson v. Baird and Armstrong)(Brief article)
November 27, 2006... Byline: Virginia Lawyers Weekly Staff Plaintiff was a rear-seat passenger in a vehicle driven by one defendant who was making a left-hand turn at an intersection when struck by the second defendant. Plaintiff was 75 years old with a long...

Verdicts & Settlements November 27, 2006: Richmond jury gives rearended woman $35K.(Jefferson v. Halstead)(Brief article)
November 27, 2006... Byline: Virginia Lawyers Weekly Staff The plaintiff, a 46-year-old licensed nurse practitioner with a history of back injuries, was injured when defendant rear-ended her on West Broad Street in Richmond. Property damage was minimal. ...

Survey to look at how, why in-house counsel hire law firms.(Survey)
November 27, 2006... Byline: Elaine McCardle Dolan Media Newswires In the not-so-distant past, corporations and their outside counsel often enjoyed long-term, enduring relationships built on personal contacts and marked by mutual loyalty. But times have...

Case of mistaken identity at heart of credit judgment.(Judge John J. McGrath Jr. has the story in Reese v. Golden Eagle Credit. Corp.)
November 27, 2006... Byline: Paul Fletcher Sounds like something out of Raymond Chandler. Or Perry Mason maybe. What it is is a case from Rockingham County. A woman named Marsha once was married to a guy named King in Oakland, Md. At some...

Charlottesville jury returns $4.5M verdict in cop shooting case.
November 27, 2006... Byline: Alan Cooper Frederick Gray was on the floor of a darkened apartment and ready to surrender to four Albemarle County police officers when one of the policemen began striking him with a baton. The blows caused the 26-year-old...

Carrier must give defense to bar after drunk man hurt woman.
November 27, 2006... Byline: Alan Cooper A bar may have insurance coverage in a case stemming from personal injuries caused by a drunken motorcyclist, despite a liquor liability exclusion and the absence of a dram shop law in Virginia. Joshua Bristol lost...

4th U.S. Circuit Court says drunken-driving death was not 'accidental'.
November 27, 2006... Byline: Deborah Elkins It's not really clear what was on Earl Eckelberry's mind when he took to the road in the wee hours of the morn on March 19, 2004. Eckelberry was traveling east on U.S. Route 50 near Parkersburg, W.Va., when his...

Supreme Court to rehear Roanoke premises case.(Taboada v. Daly Seven Inc.)
November 27, 2006... Byline: Alan Cooper The Supreme Court of Virginia has granted a rehearing in the case decided earlier this year that made it easier for a guest to sue an innkeeper when the guest is attacked by a third party. The case, Taboada v. Daly...