Quantcast
Home / 2007 / September (page 5)

Monthly Archives: September 2007

Criminal – Fair Trial – Suggestive Photo Array – Reliable ID (access required)

A defendant’s conviction of possession of a firearm as a convicted felon is affirmed despite his claim that a key witness’s identification of him as one of the robbers of a Baltimore liquor store was unreliable because based on an ...

Read More »

Civil Procedure – Jurisdiction – Va. Long- Arm Statute – Copyright (access required)

In this suit alleging defendant Canadian company has pilfered the design of plaintiff’s products (finger splints) and look of its catalogs to the detriment of plaintiff, a Charlottesville company, the district court holds that the Canadian company’s contacts with Virginia ...

Read More »

Civil Procedure – Jurisdiction – Removal – Waiver (access required)

A “land acquisition specialist” who sued his former boss, a developer, in Virginia state court for commissions on property located in an Isle of Wight subdivision cannot have the case, removed by defendant to federal court, remanded to state court ...

Read More »

Making the transition from litigation to mediation (access required)

To most of the legal profession, mediation is counter-intuitive. From our first day in law school, the focus has been on litigation. Why bother learning about a process that seems so different? There are several reasons. First, because the Virginia ...

Read More »

Expedited review of temporary injunctions (access required)

Last week’s edition of Virginia Lawyers Weekly reported the successful use of a little known procedure for requesting expedited review of a temporary injunction prior to final judgment. In that case, a temporary injunction issued by the Fairfax County Circuit ...

Read More »

Fees whacked (access required)

The Supreme Court of Virginia has affirmed a trial judge’s reduction of attorneys’ fees awarded in a Northern Virginia breach-of-lease dispute from more than $71,000 to $10,000. The attorneys for West Square LLC, the landlord and the prevailing party, contended ...

Read More »

Tree rule uprooted (access required)

Overruling a 68-year-old precedent, the Supreme Court of Virginia has uprooted a rule that limited a neighbor’s remedies when confronted by the tree next door. In Fancher v. Fagella (VLW 007-6-098), Richard Fancher sued townhouse neighbor Joseph Fagella, alleging that ...

Read More »

Balancing security and FOIA (access required)

The signs at roads leading to Norfolk International Airport say, “All vehicles entering airport are subject to search.” Those signs upset John H. Fenter, a retired nuclear submarine officer described by his attorney as a “principled patriot.” The principle Fenter ...

Read More »

Lawyers in the News (access required)

Julie Thrall Burrow has joined the Virginia Beach office of Troutman Sanders LLP as of counsel to its consumer law practice group that includes multi-state trade regulation investigations, litigation and counseling. Burrow was previously a litigation partner with a law ...

Read More »

Warren celebrates court library role (access required)

Libraries were a natural habitat for State Law Librarian Gail Warren even before she went to law school. From her early days volunteering in an elementary school library through her work-study job in the University of Richmond Law School Library, ...

Read More »