Quantcast
Home / 2008 / May (page 27)

Monthly Archives: May 2008

Administrative – Black Lung Benefits – Subsequent Claim – Limitations (access required)

The 4th Circuit vacates an award of black lung benefits because the administrative law judge did not apply the three-year statute of limitations to this subsequent claim filed by the miner after his first claim for benefits. Claimant filed his ...

Read More »

Taxation – Tax Deficiency Notice – Limitations (access required)

A taxpayer who was acquitted of certain tax crimes for the years 1981 through 1995, who then filed his returns and received a tax deficiency notice of nearly $2 million, cannot assert the bar of the statute of limitations under ...

Read More »

Woman wins dental malpractice claim – $175,000 Verdict (access required)

Plaintiff, a middle-aged white female, sought treatment at a dentist’s office regarding custom-fitting for dentures and other issues. Plaintiff had prior high blood pressure and other health issues and disclosed the same to defendant dentist. Defendant dentist managed a local ...

Read More »

Trucker slipped on ice, aggravated back – $1,324,561 Verdict (access required)

Plaintiff was a truck driver who slipped and fell due to ice which had not been cleared by the owner of the property. Some of the lots were cleared, but not where the fall occurred. The plaintiff presented evidence that ...

Read More »

Patient’s foot partially amputated after treatment – $900,000 Settlement (access required)

This was a podiatric medical malpractice case in which the plaintiff, then age 53, had a portion of her right forefoot amputated (transmetatarsal amputation) because the doctor’s negligent treatment of an infected diabetic foot ulcer that had developed on the ...

Read More »

Concerns raised that scanning includes clients’ personal info (access required)

As Virginia court clerks begin to make electronic case records available in their offices and even online for members of the bar, officials hope to reassure lawyers that electronic court records are no more publicly available than the old paper ...

Read More »

Slip-and-fall scores $1.3M in Richmond (access required)

A Richmond slip-and-fall plaintiff last month scored a $1.3 million verdict in a case alleging failure to clear snow and ice from a business parking lot. According to plaintiff’s lawyer David Epperly, it may be the second highest slip-and-fall verdict ...

Read More »

Lawyers’ convictions reversed (access required)

Two Virginia Beach lawyers and their law clerk have won reversals of summary contempt convictions that carried jail time. In Scialdone v. Commonwealth (VLW 008-7-199), the Virginia Court of Appeals said the lawyers’ conduct in apparently proffering a fraudulent document ...

Read More »

Enforce the rules: Kelsey takes strict line on procedure (access required)

ROANOKE—Lawyers seeking mercy for their procedural mistakes will find no comfort from Virginia Court of Appeals Judge D. Arthur Kelsey. Kelsey brought his crusade for unapologetic strict rule enforcement to a Roanoke bench-bar meeting last month, saying the Virginia bar ...

Read More »

Court: A weak brief is not jurisdictional error (access required)

You’ve been doing it wrong, and maybe we have, too, but it’s time to get it right, says the Supreme Court of Virginia in an opinion directed to the Court of Appeals’ handling of undeveloped appeal arguments. The opinion, Jay ...

Read More »