Vehicle crushed by logs in tractor-trailer wreck – $300,000 Settlement 
By Virginia Lawyers Weekly
Published: September 29, 2008
On June 6, 2005, the plaintiff was stopped at a traffic light in the far left lane at the intersection of Route 28 and Frying Pan Road in Fairfax County. She was traveling southbound. The defendant was traveling northbound on Route 28 in his tractor-trailer, which carried a load of large tree logs.
The defendant swerved [...]
Three insurers participate in settlement of crash claims – $1,100,000 Settlement
By Virginia Lawyers Weekly
Published: September 29, 2008
Plaintiff sustained serious and life-threatening injuries in an accident in Leesburg while operating a truck on behalf of his employer. Defendant ran through a stop sign and struck plaintiff’s vehicle, causing plaintiff to be ejected from his truck.
Defendant denied liability in his answer but had pleaded guilty in traffic court to a charge of [...]
Civil Procedure – Venue – Failed Real Estate Venture
By Deborah Elkins
Published: September 29, 2008
Plaintiff investors’ suit alleging defendant bank breached contractual and fiduciary duties in failing to return certain investment funds will be transferred to the Western District by the Richmond U.S. District Court.
This matter revolves around a failed real estate venture. Plaintiffs were investors in Resource Pointe Partners LLC (RPP), a Virginia LLC with its principal place [...]
Field Judge
By Peter Vieth
Published: September 29, 2008
Once a week during football season, Circuit Judge William D. Broadhurst trades his black robe for zebra stripes to work as a referee for college football games. The jurist who sits on the bench in Roanoke on weekdays can be found Saturday afternoons on his feet on a gridiron with a whistle in his hand.
It’s [...]
Real Estate – Closing – Sale Proceeds – Fiduciary Duty
By Deborah Elkins
Published: September 29, 2008
A real estate seller who alleges defendants and their title company did not disburse sale proceeds to him after closing wins summary judgment on his claim for breach of fiduciary duty, despite defendants’ blaming their bank for the lack of funds, but the Richmond U.S. District Court dismisses the seller’s claim for fraud.
The seller seeks [...]
Comp lien recovery try prompts suit
By Alan Cooper
Published: September 29, 2008
Virginia insurance law generally gives a workers’ compensation carrier a lien on the proceeds from a personal injury lawsuit against a third party.
There is a major exception to that general rule, however. No lien is available on a recovery under uninsured motorist provisions.
Frustration by Travelers Casualty & Surety Co. over the exception has led the [...]
Bar discipline would be more costly
By Alan Cooper
Published: September 29, 2008
MILLWOOD—The Virginia State Bar’s Executive Committee wants to hike the administrative fee assessed against lawyers who are disciplined by the bar.
Meeting at the Carter Hall Conference Center Sept. 18-19, the committee voted to recommend that the VSB Council increase the administrative fee for those found to have engaged in ethical misconduct.
For district subcommittee proceedings, the [...]
Bankruptcy – Student Loan Debt – ‘Undue Hardship’
By Deborah Elkins
Published: September 29, 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,” the 4th Circuit says.
Debtor earned a bachelor’s degree in December 1986 and a master’s degree in sociology in July 1989. She completed coursework for a Ph.D. at American University in Washington, but [...]
SOX whistleblower case argued in 4th Circuit
By Deborah Elkins
Published: September 29, 2008
Once again, the 4th U.S. Circuit Court of Appeals is looking at what kind of a report of corporate “fraud” is protected under the Sarbanes-Oxley Act.
Just weeks after handing down its SOX whistleblower decision in Welch v. Chao, a panel heard argument Sept. 22 in another closely watched case, Platone v. U.S. Dep’t of Labor, [...]
Podiatrist can’t testify on issue of causation
By Peter Vieth
Published: September 29, 2008
A disabled railroad worker’s lawsuit was dismissed last week because a judge found that, under Virginia law, his podiatrists could not testify that his foot condition was caused by workplace conditions.
The opinion excluding the podiatrists’ testimony on causation comes from Roanoke Circuit Judge William D. Broadhurst. The case is Hollingsworth v. Norfolk Southern Ry. [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
