Domestic Relations – Equitable Distribution – Marital Home 
By Deborah Elkins
Published: October 27, 2008
The Court of Appeals declines to hear the majority of husband’s 32 questions presented in his appeal brief challenging the divorce court’s equitable distribution award, which recognized wife’s funds were used to construct the marital home, to which husband contributed funds for mortgage payments, as husband has failed to preserve most issues for appeal.
The divorce [...]
Biker injures right leg in logging truck wreck – $295,000 Settlement
By Virginia Lawyers Weekly
Published: October 27, 2008
On Oct. 24, 2003, the 48-year-old plaintiff, Otis Lancaster, was operating a motorcycle westbound on a two lane highway in Spotsylvania County when defendant Hogge, who was driving a logging truck, pulled out from a construction site and onto the highway in front of the plaintiff.
Plaintiff swerved to avoid a collision with the truck and [...]
Domestic Relations – Contempt – Lump-Sum Payment
By Deborah Elkins
Published: October 27, 2008
A divorce court did not err in holding husband in contempt and imposing a 12-month jail sentence for failure to pay wife a $25,000 lump-sum payment, despite husband’s claim that the final divorce decree set no time limit for making such payment, the Court of Appeals holds.
Trial court decision summarily affirmed pursuant to Rule 5A:27.
Stoneman [...]
Domestic Relations – Custody – Statutory Factors
By Deborah Elkins
Published: October 27, 2008
Contrary to a mother’s assertion, a divorce court was not required to state how much weight it gave each of the statutory factors to determine child custody under Va. Code § 20-124.3, and the Court of Appeals upholds the grant of primary physical custody of the children to father.
The lower court explained that mother’s instability [...]
Criminal – Car Theft – Intent
By Deborah Elkins
Published: October 27, 2008
A man who took his pregnant girlfriend’s car after she fled from him when he threatened to kill her, then kill himself, had the necessary intent to be convicted of grand larceny of a vehicle and his conviction under Va. Code § 18.2-95(ii) is affirmed by the Court of Appeals.
On appeal, defendant does not challenge [...]
Civil Procedure – Settlement Conference – Authorized Representative – Sanctions
By Deborah Elkins
Published: October 27, 2008
A Roanoke U.S. District Court declines to sanction ALPS for failing to have an authorized representative appear in person at a settlement conference ordered by the magistrate judge, where the court had granted summary judgment days earlier to the defendant law firm and the “parties remained light years apart in settlement.”
The magistrate judge entered a [...]
Truck turns left in front of car with green light – $282,500 Settlement
By Virginia Lawyers Weekly
Published: October 27, 2008
On Aug. 19, 2005, the 67-year-old plaintiff, Kenneth Woltz, was traveling eastbound on Route 218 and passing through an intersection on a green light when a Ford F-350, traveling westbound, turned left in front of plaintiff’s vehicle striking it head-on.
Three witnesses stated plaintiff had the right of way, and one witness observed the defendant using [...]
Environmental – Surface Mining Permit – Injunction
By Deborah Elkins
Published: October 27, 2008
A preliminary injunction halting logging activities on a tract of land should be vacated, recommends a magistrate judge in the Abingdon U.S. District Court, and the court should decline to issue a permanent injunction to prevent logging under standards that govern surface mining.
For a child of Appalachia, to see the mountains laid waste, whether by [...]
Contract – Government – Qui Tam Action – OxyContin
By Deborah Elkins
Published: October 27, 2008
In this qui tam action against Purdue Pharma LP, an Abingdon U.S. District Court dismisses plaintiff’s complaint for failure to plead fraud with particularity as required by Fed. R. Civ. P. 9(b); the relator’s allegations that defendant misrepresented to physicians the relative potency of its OxyContin, so that federal and state agencies such as Medicaid, [...]
Insurance – Surety Bond – Construction Project – Indemnity
By Deborah Elkins
Published: October 27, 2008
An Alexandria U.S. District Court grants summary judgment to plaintiff surety company on its claim for defendants’ breach of an agreement in two applications for bonds on a construction project to indemnify the surety for payments on the project.
Plaintiff Cincinnati Insurance Company filed suit against Auto Glass Outlet, Nasser Lahijan, Mahvash Zulfaghary and American Glass [...]
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