Negligence – Rescue Doctrine – Amendment To Complaint 
By Deborah Elkins
Published: September 8, 2008
A Richmond Circuit Court denies reconsideration of its earlier refusal to allow plaintiff to amend her complaint to allege willful wanton conduct due to intoxication on the part of defendant, and punitive damages.
The parties agree the rescue doctrine is implicated under the facts alleged in this case. There is one possible difference under the facts [...]
Corporate – ‘Person’ – Hospital Authority – Guaranty Association
By Deborah Elkins
Published: September 8, 2008
A hospital authority that had its workers’ compensation coverage through the Virginia Guaranty Association after its comp carrier, Reciprocal of America, became insolvent, is a “person” subject to suit for reimbursement by the Association, a Chesapeake Circuit Court holds.
The hospital authority obtained workers’ compensation insurance from Reciprocal of America to cover its workers at the [...]
Civil Procedure – Default Judgment – Jurisdiction – ‘Doing Business’
By Deborah Elkins
Published: September 8, 2008
A Richmond Circuit Court declines to set aside a default judgment in this contract action against a Florida corporation, finding the court had jurisdiction over the corporation under Va. Code 8.01-328.1 based on plaintiff’s evidence that the Florida company conducted business in Virginia.
Defendant claims it only learned of the lawsuit when plaintiff sought to enforce [...]
Criminal – Conditional Guilty Plea – Misdemeanor
By Deborah Elkins
Published: September 8, 2008
On remand from the Supreme Court of Virginia in light of Virginia v. Moore, 128 S.Ct. 1598 (2008), the Virginia Court of Appeals holds that the trial court did not err by denying defendant’s motion to suppress, and defendant’s conviction for cocaine possession is affirmed.
Earlier, in reliance on Moore v. Commonwealth, 272 Va. 717 (2006), [...]
Domestic Relations – Adoption – Maternal Grandmother – Fraud
By Deborah Elkins
Published: September 8, 2008
Although the mother of a 10-year-old boy who has lived with his grandmother since age two contends she withdrew her consent to adoption by the grandmother prior to the grandmother filing a petition for adoption with the mother’s written consent, the Court of Appeals rejects mother’s contention that the grandmother perpetrated a fraud on the [...]
Criminal – Felon In Possession – Necessity Defense
By Deborah Elkins
Published: September 8, 2008
Although defendant said his nephew threatened to return to defendant’s home with a gun, after the two had argued, defendant did not retreat or call the police, but instead retrieved several firearms of his own, and defendant’s claim of “necessity” does not persuade the Court of Appeals to overturn his conviction for illegal weapons possession.
The [...]
Bankruptcy – Automatic Stay Relief – Vehicle Loan
By Deborah Elkins
Published: September 8, 2008
A bank is granted relief by the Alexandria U.S. Bankruptcy Court from a Chapter 7 debtor’s automatic stay in bankruptcy to allow the bank to repossess a 2007 Chevrolet Tahoe purchased by the debtor several months before she filed her bankruptcy petition.
The bank’s motion for relief alleged payment defaults of $8,369 and a current payoff [...]
Bankruptcy – Credit Counseling – Waiver – Job Loss
By Deborah Elkins
Published: September 8, 2008
An Alexandria U.S. District Court denies debtor’s request for a waiver of the Bankruptcy Code’s requirement of credit counseling prior to filing the Chapter 7 petition, based on debtor’s job loss and anticipated eviction and vehicle repossession.
Although debtor’s certification is not clear as to when eviction proceedings or repossession of the automobile might occur, the [...]
Bankruptcy – Credit Counseling – Lack Of Income – Waiver
By Deborah Elkins
Published: September 8, 2008
An Alexandria U.S. Bankruptcy Court denies debtor’s request for deferment of the statutory requirement for credit counseling due to debtor’s current lack of income, which does not constitute a legal basis for waiver of the credit counseling requirement.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires that individual debtors, within 180 days prior [...]
Bankruptcy – Jurisdiction – Debtor’s Settlement – Fraud Claims
By Deborah Elkins
Published: September 8, 2008
Although a Norfolk U.S. Bankruptcy Court has jurisdiction to interpret its own order that approved a settlement between plaintiff bank and defendant commercial debtor, a defunct sports merchandise marketer, the court has no subject matter jurisdiction to consider the bank’s state law fraud and civil conspiracy claims against debtor and its principals, and those claims [...]
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