2008 May 12 | Virginia Lawyers Weekly

Chapter 4: Verdicts and Settlements

By dmc-admin
Published: May 12, 2008

Virginia Lawyers Weekly provides a unique and valuable service for litigators who want to know how much their cases might be worth for trial or settlement – our weekly Verdicts & Settlements report feature.
Lawyers send in V&S Reports to provide information on recently tried or settled lawsuits. The section also covers cases handled through mediation [...]

Criminal – Copyright Infringement – Bootleg DVDs – Retail Value

By Deborah Elkins
Published: May 12, 2008

A defendant who sold 100 bootleg DVDs to an undercover agent for $500, then sold the agent 200 more DVDs for $1,000, can be convicted of a felony for selling DVDS with a “retail value” over $2,500, says the 4th Circuit in this case of first impression.
U.S. v. Armstead (USCA) (VLW 008-2-079) (10 pp.)

Creditor’s Rights – Satisfied Judgment – Record Correction – Statutory Remedy

By Deborah Elkins
Published: May 12, 2008

A debtor who alleges defendant creditor failed to mark a judgment satisfied, and that omission left debtor unable to close on a real estate transaction so that he was sued for the unrealized commission, cannot sue the creditor in tort, but must use the statutory remedy, an Alexandria Circuit judge says.
Plaintiff/third-party defendant, alleges the creditor [...]

Contract – Attorney’s Fees – Indemnity

By Deborah Elkins
Published: May 12, 2008

A plaintiff power company who settled its suit with defendant LLC is entitled to attorney’s fees under the terms of the parties’ contract, an Alexandria Circuit Court holds.
I find defendant Utiliquest LLC is obligated to pay reasonable attorney’s fees incurred by plaintiff in this matter pursuant to either the “Indemnity” provision or the “Default” provision [...]

Contract – Tortious Interference – Conspiracy – Restaurant Music

By Deborah Elkins
Published: May 12, 2008

In this litigation between a restaurant owner and a developer and contractor who allegedly interfered with the restaurant’s operations because of construction noise and dust, and who allegedly made too much noise with loud music for the condo owners who lived above the restaurant, the Norfolk Circuit Court allows the restaurant to sue the building [...]

Contract – Tortious Interference – Conspiracy – Restaurant Music

By Deborah Elkins
Published: May 12, 2008

In this litigation between a restaurant owner and a developer and contractor who allegedly interfered with the restaurant’s operations because of construction noise and dust, and who allegedly made too much noise with loud music for the condo owners who lived above the restaurant, the Norfolk Circuit Court allows the restaurant to sue the building [...]

Tort – Trespass – Tortious Interference – Conspiracy – Restaurant Music

By Deborah Elkins
Published: May 12, 2008

In this litigation between a restaurant owner and a developer and contractor who allegedly interfered with the restaurant’s operations because of construction noise and dust, and who allegedly made too much noise with loud music for the condo owners who lived above the restaurant, the Norfolk Circuit Court sustains the defendants’ demurrers to the restaurant’s [...]

Municipal – Delinquent Tax Collection – Negligence – Immunity

By Deborah Elkins
Published: May 12, 2008

A city treasurer has qualified immunity from a suit alleging negligence in the collection of delinquent real estate taxes, a Norfolk Circuit Court rules.
Plaintiff alleges he owns real estate known as “Lot 27, Block 11” on West 42nd Street, and that he formerly owned an undivided one-half interest in the adjoining lot 26. He alleged [...]

Criminal – Gaming Department – Subpoena

By Deborah Elkins
Published: May 12, 2008

A defendant who served as treasurer of the Phoebus Athletic League, which was under investigation by the Virginia Department of Charitable Gaming, and who refused to accept in hand a subpoena requiring her appearance to give testimony and produce record and did not appear on the appointed date, has her conviction of willful refusal to [...]

Criminal – Guilty Plea Withdrawal – Malicious Wounding

By Deborah Elkins
Published: May 12, 2008

A defendant who planned to rob another man under the guise of meeting to sell him an AK-47 weapon, and who was involved in a shoot-out with several other persons during the encounter, has his malicious wounding and firearm convictions upheld by the Court of Appeals.
To assert the affirmative defense of self-defense without fault, defendant [...]