Bankruptcy – Student Loan Debt – ‘Undue Hardship’
By Deborah Elkins
Published: September 22, 2008
Although debtor is in her late 60s with some health problems, she can’t discharge her $161,000 in student loans as an “undue hardship.”
In re Spence (USCA) (VLW 008-2-141) (11 pp.)
Chairs fall off pickup, motorcyclist crashes – $55,000 Settlement 
By Virginia Lawyers Weekly
Published: September 22, 2008
On Aug. 13, 2006, the defendant was returning from a campsite in her 1998 Chevrolet C-500 pickup truck, which was loaded with supplies, including chairs. She was driving southbound in the left lane of Route 37 just south of Route 50 in Frederick County.
During her drive, four chairs dislodged and fell across Route 37. [...]
Parking lot accident causes shoulder, neck, back injuries – $50,000 Settlement
By Virginia Lawyers Weekly
Published: September 22, 2008
During the afternoon of June 3, 2005, the plaintiff was traveling through a parking lot near Ridgetop Circle in Loudoun County, near Sterling. She slowed to a stop at an uncontrolled four-way intersection within the parking lot. She then proceeded into the intersection, where she was hit broadside by the defendant on the [...]
Defense verdict for one physician, liability for another – $2,390,331 Verdict against PCP, Defense Verdict for gastroenterologist
By Virginia Lawyers Weekly
Published: September 22, 2008
Plaintiff’s decedent, a 38-year-old Dominion Power employee, went to his primary care physician, Dr. Russell Myers, on June 29, 2005, with complaints of indigestion, “GI stuff,” and arms hurting for two months. The PCP treated him for gastroesophageal reflux disease (GERD) and prescribed medication.
Dr. Myers’ record reflected that the patient called him thereafter to express [...]
Medical Malpractice – Discovery – Non-English Speaking Patients – Hospital Protocols
By Deborah Elkins
Published: September 22, 2008
A woman who sued defendant hospital and other healthcare providers alleging negligence in discharging her from the hospital, allegedly allowing her to partially deliver her stillborn child 45 minutes later at her home, where an EMT discovered the woman, is not entitled to discovery of hospital policies, procedures and protocols for dealing with non-English speaking [...]
Going Green
By Peter Vieth
Published: September 22, 2008
Local lawmakers – whether in the congested suburbs of major urban centers or in smaller communities around the country – have embraced green building standards.
Those standards are exemplified, if not defined outright, by the LEED criteria adopted by the private U.S. Green Building Council. “LEED” stands for “Leadership in Energy and Environmental Design.”
Local officials are [...]
Real Estate – Home Sale – Fraud – Attorney’s Fees
By Deborah Elkins
Published: September 22, 2008
Home sellers who successfully defended against the buyers’ suit alleging fraudulent inducement in failing to disclose the home’s water and mold damage are not entitled to attorney’s fees, according to the Fairfax Circuit Court, because the dispute does not arise out of the sales contract, so the contract’s fee provision does not apply.
Virginia follows the [...]
Creditor’s Rights – Writ Of Fieri Facias – Garnishment
By Deborah Elkins
Published: September 22, 2008
A judgment creditor who has received a timely response to her writ of fieri facias from the law firm that previously represented the debtor, and an answer to her garnishment summons to indicate that from Feb. 22, 2008 through the present the firm never held any property or funds of debtor, cannot keep her writ [...]
Terms of death settlements always must be made public
By Peter Vieth
Published: September 22, 2008
The terms of wrongful death settlements in Virginia are always public information, even when the settlements are the result of private mediation, the Supreme Court of Virginia has ruled.
The opinion in the case of four deaths related to cardiac surgery reaffirms and expands the rule in a 1988 case that required disclosure of death settlement [...]
Criminal – Bifurcated Trial – Prior Larcenies – Recidivist Statute
By Deborah Elkins
Published: September 22, 2008
In defendant’s prosecution for concealment as a third or subsequent offense, a Fairfax Circuit Court denies defendant’s motion to bifurcate the guilt phase of the trial under Va. Code §§ 18.2-103 and 18.2-104, in order to preclude introduction of evidence of his prior larceny convictions until the jury has determined his guilt for the [...]
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