Virginia Lawyers Weekly articles from September 2004

Virginia Lawyers Weekly archives from September 2004

New Krispy Kreme location hopes to draw in thousands of customers.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Here's a story out of DeeCee Becky Shell grew up in the South, where Krispy Kreme is an institution. So the worker with the Winston-Salem, N.C.-based company said she was amazed by the...

Oldest nuclear-powered aircraft carrier to undergo repairs.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Down in Newport News, the Navy will be putting in its oldest nuclear-powered aircraft carrier in for repairs and maintenance this month. Shipyard officials at Northup Grumman Newport News said that...

Virginia Lawyers In The News: September 6, 2004.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff The Roanoke firm of Gentry Locke Rakes & Moore named four new partners earlier this year: E. Scott Austin, Robert M. Himmel, Kevin W. Holt and Lori D. Thompson. Austin concentrates his practice in...

Dolan Media acquires 14 Lawyers Weekly papers and Web sites.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Dolan Media Company has acquired the 14 newspapers and associated Web sites of Lawyers Weekly Inc., a leading publisher for the legal profession. The deal closed last Tuesday, Aug. 31. Purchase...

One for the Virginia traffic lawyers -- second lawn mower racing series.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff In Berryville, they didn't get much mowing done, but the crowd didn't seem to mind. Drivers of the ABNORMAL racing series recently took to the grass for the second year in a row in races that made...

Virginia's doctor-lawyer 'Principles of Cooperation' are under revision.
September 6, 2004... Byline: Deborah Elkins Moses went up the mountain and came back with the Ten Commandments. Virginia's doctors and lawyers may not have been to the mountain top, but they are carving out their own joint code of conduct for relations between...

Verdicts & Settlements September 6, 2004: Virginia med-mal embolism death settles for $700K.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff A 40-year-old African-American single mother went to hospital emergency room with complaints of shortness of breath and chest pain and history, known to ER doctor, of prior pulmonary embolism. EKG...

Verdicts & Settlements September 6, 2004: Med-mal verdict for unstable hip nets over half million.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff In 1999, the 49-year-old plaintiff went to the defendant for treatment of her hip. The hip had previously been fused when she was a teenager. The defendant recommended a take-down of the fusion...

Virginia Circuit Court Case Summaries: September 6, 2004.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Consumer Protection Auto Purchase - Equal Credit Act - FCRA Where plaintiff alleges defendant auto finance corporation failed to provide "any written or other statement of reasons for the...

Virginia Circuit Court Case Summaries: September 6, 2004.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Products Liability OxyContin Manufacture - Drug Dependence Where plaintiffs are suing the manufacturer of the prescription drug OxyContin, alleging that defendant marketed the drug to...

Virginia Circuit Court Case Summaries: September 6, 2004.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Water Control Permit Reservoir Indian Treaty The Court of Appeals affirms a circuit court decision upholding the State Water Control Board's approval of a permit to build the...

Virginia Circuit Court Case Summaries: September 6, 2004.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Default Judgment - Jurisdiction A circuit judge denies plaintiff's motion to reinstate a default judgment vacated by the general district court, based on plaintiff's argument...

Verdicts & Settlements September 6, 2004: Spinal injury in car wreck in Virginia settles for $625K.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff On May 9, 2000, plaintiff was rear-ended by John Doe Bakery truck. Plaintiff was in her vehicle, stopped at a stop sign in Loudoun County. Defendant was traveling behind plaintiff and had not come...

Gordonsville, Va. having problems filling public service seats.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Looking for a service job? Like people? The pay's not too great, but what resume fodder! Up in Gordonsville, voters casting ballots in the Nov. 2 town elections should bring pencils. The mayor...

Statements at Virginia State Bar fee panel are privileged.
September 6, 2004... Byline: Paul Fletcher A former client of a law firm cannot base a defamation claim on statements made before a Virginia State Bar fee arbitration panel, a federal judge in Alexandria has ruled in a case of apparent first impression. ...

Patient claims a Virginia non-profit hospital overcharged.
September 6, 2004... Byline: Dara McLeod A lawsuit filed in Alexandria federal court alleges that a Northern Virginia non-profit hospital chain has been charging uninsured patients higher rates than it charges insured patients and is therefore violating its...

Verdicts & Settlements September 6, 2004: Norfolk jury awards amputee $460K.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff had complaints of epigastric pain in March and her gastroenterologist ordered an upper GI study with contrast to explore possibility of an ulcer. The defendant radiology group reported the...

Verdicts & Settlements September 6, 2004: Virginia jury awards $252K in dispute over name of bakery.
September 6, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff owned a trademark originally granted in 1982 and renewed in 2002 for French Bread Factory "Boulangerie Patissere" (Pastry Baker) with an attached symbol (baker's spatula). The federal...

Virginia Lawyers In The News: September 13, 2004.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff Derek R. Redmond has joined the Richmond law firm of Cantor Arkema PC as an associate in the firm's business practice group. He will focus on the areas of business, tax and international law. ...

Virginia Board of Medicine proposes new ethics rules for doctors.
September 13, 2004... Byline: Dara McLeod The Virginia Board of Medicine is proposing sweeping new regulations on standards of professional conduct for physicians and practitioners of osteopathy, podiatry and chiropractic. The regulations, adopted by the...

Internet Defamation suit against independent news Web site settles.
September 13, 2004... Byline: Dara McLeod An Internet defamation lawsuit against the Chesapeake Observer, an independently owned community news Web site, has settled out of court on undisclosed terms, and a public apology to the plaintiff is apparently in the...

Virginia Circuit judge rules uninsured motorist carrier can contest service on defendant.
September 13, 2004... Byline: Paul Fletcher An uninsured motorist carrier that was served with a lawsuit but failed to file a response can contest the method of service on the defendant, a Richmond Circuit judge has ruled in a case of apparent first impression....

Verdicts & Settlements September 13, 2004: Va. jury finds for defense in med-mal wrist fracture case.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff In May 2001, plaintiff fell in her home and fractured her wrist. She was seen in the emergency room and defendant, an orthopedic surgeon, was consulted on her care. The defendant physician, after...

Virginia Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff Employment Discrimination Constructive Discharge - Voluntary Departure A corporate director of human resources who had difficulty getting along with the company's recruiting director, whom he...

Virginia Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Removal Jurisdiction - Amount In Controversy Where defendant store, which has entered Chapter 11, has removed plaintiff's personal injury action to federal court, the case is...

Virginia Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Evidence - Hearsay - Crime Center Report At defendant's trial for petit larceny, third or subsequent offense, the trial judge did not err in denying defendant's motion in limine,...

Virginia Circuit Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff Administrative University Student - Residency - In- State Tuition Where a pharmacy student applied to schools other than Virginia Commonwealth University, and did not move to Virginia until...

Med-Mal coverage study panel gets to work.
September 13, 2004... Byline: Brent Baldwin A special legislative study committee on medical malpractice insurance finally has begun its work. Established in April and expected to issue a report to the General Assembly Dec. 1, the committee held its first...

U.S. Court of Appeals rules employee who quit can't sue for wrongful termination.
September 13, 2004... Byline: Deborah Elkins Where a corporate human resources director labeled his job departure a "resignation," he cannot sue for wrongful termination after the employer changed the job to a six-month, no-benefits consulting contract in a...

Verdicts & Settlements September 13, 2004: Defense prevails in sudden Virginia heart attack case.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff's decedent presented to the emergency room at a community hospital, reporting that he had been having chest pain for several hours. One year earlier, he had been admitted to the hospital...

Verdicts & Settlements September 13, 2004: Breach of contract, trademark nets $0 in Fairfax, Va.
September 13, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff owned a trademark originally granted in 1982 and renewed in 2002 for French Bread Factory "Boulangerie Patisserie" (Pastry Baker) with an attached symbol (a baker's spatula). The federal...

Virginia federal jury awards $2.2M to employee terminated during pregnancy leave.
September 20, 2004... Byline: Brent Baldwin A federal jury in Alexandria has awarded $2.2 million to a sales manager who was terminated during her pregnancy leave. At the core of the suit was the Family Medical Leave Act, and whether her employer, which was...

Virginia Circuit judge denies defense's expert witness after discussing plaintiff's case.
September 20, 2004... Byline: Deborah Elkins In a med-mal case alleging negligent delay in diagnosing breast cancer, the defendant's expert radiologist was barred from testifying because she discussed the case with the plaintiff's lawyer, a Fairfax Circuit...

Virginia campaign for legal aid brings in about $25,000.
September 20, 2004... Byline: Dara McLeod A statewide pitch made to Virginia's lawyers to support legal aid has raised about $25,000. Contributions for legal aid brought in by a fundraising letter sent out in June by the leaders of all of Virginia's bar...

Virginia Court Case Summaries: September 20, 2004.
September 20, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Discovery - Fair Trial - Terrorist Charges Where enemy combatant witnesses could provide material, favorable testimony on behalf of a defendant charged with involvement in the Sept....

Virginia Court Case Summaries: September 20, 2004.
September 20, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Capital Murder - Spectator Badges - Victim Photos At defendant's trial for four counts of capital murder, the trial court did not abuse its discretion by allowing spectators to wear...

Virginia Circuit judge rules postings on Internet won't back claim for conspiracy.
September 20, 2004... Byline: Paul Fletcher A Roanoke truck company cannot bring a business conspiracy lawsuit against four people who posted messages about the company on an Internet message board, a Roanoke Circuit judge has ruled. The lawsuit is the...

Virginia Court Case Summaries: September 20, 2004.
September 20, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Jurisdictional Amount - Removal Where plaintiff, a Virginia resident who alleged personal injuries from a fall off a tree step (used in hunting) manufactured by defendant, sued...

Virginia Circuit Court Case Summaries: September 20, 2004.
September 20, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Venue - Doctor Visits Where the parties agree that any basis for venue in the City of Richmond would be derived from defendant's contacts with her gynecologist centering around...

Richmond lawyer helps ministers in need.
September 27, 2004... Byline: Brent Baldwin Richmond trial lawyer Archibald Wallace has found a higher calling. Wallace has built an accomplished career as a trial lawyer in Virginia and several other states. He gained national prominence in the mid-1970s...

Virginia Supreme Court to hear cooperation case.
September 27, 2004... Byline: Deborah Elkins Given the high volume of criminal defendants who play "let's make a deal," lawyers may want to pay particular attention to a case coming up for review by the Supreme Court of Virginia. On Aug. 31, 2004, the high...

Federal judge rules EEOC questionnaire constitutes 'charge' under ADEA.
September 27, 2004... Byline: Dara McLeod In a case of first impression, a federal judge has ruled that an age discrimination claim was timely filed because an intake questionnaire submitted to the EEOC within the 300-day statutory deadline represented a...

Virginia State Bar leaders suspect three-judge panel use for bar discipline is on the rise.
September 27, 2004... Byline: Dara McLeod Virginia State Bar leaders have growing concerns about an increase in the use of three-judge panels to hear disciplinary charges in lieu of the disciplinary board or its district committees. Some VSB officials also...

How the Virginia Court of Appeals makes a point.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Sometimes when the Virginia Court of Appeals wants to make a point, it publishes an order with the notation that the court is addressing a matter of first impression, so pay attention. And when...

Virginia Lawyers In The News: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff McGuireWoods LLP has announced the addition of three associates to its Richmond office: Brian C. Bernhardt, Jontille D. Fowler and Michael B. Woodard. Bernhardt will work in the taxation and...

Gov. Mark R. Warner appoints William R. O'Brien to Virginia Beach Circuit judgeship.
September 27, 2004... Byline: Brent Baldwin Gov. Mark R. Warner last week appointed William R. "Buster" O'Brien to the Virginia Beach Circuit Court judgeship created by the retirement of Judge Alan E. Rosenblatt. Currently a partner in the Virginia Beach...

Virginia Bankruptcy Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Bankruptcy Excessive Expenses - College Costs - Ch. 7 A couple who filed a Chapter 7 petition will not have their bankruptcy case dismissed because they continue to support their 19-year-old...

A lawyer in Afghanistan.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Afghanistan may be one of the last places on Earth one would expect to find a lawyer -- simply because there are no laws. A barren wasteland of bombed-out rubble and mud shacks, the former home of...

Commentary: Happy New Year...Not.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Okay, another one from the Keystone State. It's New Year's Eve in Harrisburg, Pa., and you're sitting in a restaurant, minding your own business. You're a 60-year-old guy and you've got a...

Injured golfer files negligence suit against fellow golfer.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Here's one from Pennsylvania, a legal golf story. In Carlisle, a golfer plunked in the face by an errant ball was unable to convince a jury that the man who hit him was negligent for failing to...

Virginia Supreme Court denies a man's appeal on use of firearm charge.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff When is a firearm offense not a firearm offense? Don't know. But it can be one, even if you say you didn't have a gun. In the latest rack of cases from the Supreme Court of Virginia (featured...

Virginia Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Civil Rights Inmate Death - Deliberate Indifference - Overcrowding Where a man jailed for failure to pay child support, who informed jail officials he had no spleen due to an earlier gunshot...

Virginia Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Reserve Officer - JAG - Private Law Practice A federal district court does not have subject matter jurisdiction over an action by a reserve officer in the U.S. Army Judge...

Virginia Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Miranda Rights - Traffic Stop Upon rehearing en banc, the Court of Appeals holds that police officers who interviewed defendant driver and his passenger, who claimed to own the car,...

Virginia Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Medical Malpractice Expert Opinion - Doctor Consultations In a med-mal case alleging negligent delay in diagnosing breast cancer, defendant's expert radiologist is barred from testifying...

Sailing the bounding Midwest.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff You could almost hear the banjos tuning for their duel, a la "Deliverance," as two lawyers squared off in Newport News Circuit Court to compare how much each lawyer's Hoosier wife knew about maritime...

Commentary: Health savings accounts - the next generation of health insurance.
September 27, 2004... Byline: Bob Spicknall When was the last time you read an article about health insurance that was positive or encouraging? I read an article several months ago that said health insurance premiums would likely increase at a decreasing...

Virginia Supreme Court rules fire truck driver did not have sovereign immunity.
September 27, 2004... Byline: Paul Fletcher A fire department worker who had an auto accident while driving a fire truck on his way to answer a call about an infant locked in a car is not entitled to sovereign immunity, the Supreme Court of Virginia has ruled,...

Virginia Court of Appeals rules conservator can be used for noncooperative party.
September 27, 2004... Byline: Deborah Elkins Where a husband refused to comply with pendente lite support orders and cooperate with discovery, a divorce judge can appoint a conservator to take receipt of all funds and accounts under the husband's control, the...

Virginia Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Contract Arbitration - Construction - Condominium Defects Where a South Carolina homeowners association sued a general contractor for alleged construction defects in a condominium building,...

Virginia Supreme Court Case Summaries: September 27, 2004.
September 27, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Medicaid Reimbursements - Attorney's Fees Where a Spotsylvania County Circuit Court determined that the Virginia Department of Medical Assistance Services had improperly...