2009 | Virginia Lawyers Weekly

Affidavit not testimonial, Court of Appeals says

By Alan Cooper
Published: December 29, 2009
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals

An affidavit for a protective order was properly admitted in the trial of a man accused of killing his estranged wife because the statement was not testimonial, the en banc Virginia Court of Appeals ruled last week.
Seven of the court’s 11 members agreed with the opinion by Judge Robert J. Humphreys in Crawford v. Commonwealth, [...]

Resolve to remember the basics come 2010

By Dolan Media Newswires
Published: December 29, 2009
Tags: Practice Tips

The most effective New Year’s resolutions are those that are easy to implement. Below are some inexpensive and easy ways to help you deliver better client service and expand your network.
Google alerts
Sign up for daily Google alerts for your top clients. It is a free and easy way to monitor your clients and hear recent [...]

Important Opinions: January – December 2009

By Paul Fletcher
Published: December 28, 2009
Tags: Important Opinions

In this issue, the final edition of Virginia Lawyers Weekly in 2009, we present the Most Important Opinions that we have featured from this year.
You’ll find more than 280 cases highlighted, from January to December, on our Important Opinions page.
“Important Opinions” show up on the cover of the paper each week and in a monthly [...]

Defense expert testimony excluded in brain injury case – $850,000 Settlement

By Virginia Lawyers Weekly
Published: December 28, 2009
Tags: Personal Injury, Spotsylvania Circuit Court

Plaintiff was stopped on U.S. 50 West, attempting to make a left turn into a nursery when he was rear-ended by a pickup truck. Plaintiff alleged that the crash aggravated pre-existing neck and low back injuries and caused multiple symptoms of a mild traumatic brain injury and depression.
Defendants contended that defects in the roadway [...]

Customer breaks shoulder, hip in fall from rock climbing wall – $925,000 Settlement

By Virginia Lawyers Weekly
Published: December 28, 2009
Tags: Personal Injury

A 30-year-old glazier climbed the defendant’s rock climbing wall. The attendant improperly fastened the required safety harness and caused the plaintiff to fall 30 feet. He sustained severe injuries to his left arm, left leg and hip.
Plaintiff retained an amusement park expert who helped to establish the duties and procedures for training defendant’s personnel [...]

Traumatic brain injury alleged in auto collision in Fairfax – $180,000 Verdict

By Virginia Lawyers Weekly
Published: December 28, 2009
Tags: Fairfax Circuit Court, Judge Marcus Williams, Personal Injury

The 53-year-old plaintiff was involved in an auto accident. Two days after the collision, she began developing headaches, forgetting things feeling out of sorts. A month later, she was diagnosed with a mild closed head injury caused by whiplash, but with an excellent prognosis. Over the following year the symptoms worsened. She was diagnosed with [...]

Event data recorder used to establish speed in crash – $555,000 Settlement

By Virginia Lawyers Weekly
Published: December 28, 2009
Tags: Personal Injury, Richmond Circuit Court

On Oct. 16, 2008, at about 5:30 a.m., the plaintiff was on her way to work, traveling westbound on Staples Mill Road. It was dark outside and the road was poorly lighted. Plaintiff alleged that a box truck operated by defendant Townsend darted out from a public storage business, causing plaintiff to crash into the [...]

Commission for trustee’s foreclosure cut by judge

By Peter Vieth
Published: December 28, 2009
Tags: Judge R. Bruce Long, Middlesex County Circuit Court, Real Estate

A decision by a Middlesex County judge highlights an open question in the business of foreclosure in Virginia: How much can a foreclosure trustee charge as a commission?
For 11 years, the law has required only a “reasonable commission” for handling the sale of foreclosed properties. In practice, apparently, fees in the neighborhood of 5 percent [...]

Consumer groups will receive funds not paid in class action settlement

By Alan Cooper
Published: December 28, 2009
Tags: Consumer Protection, Judge Robert E. Payne, Million-Dollar Settlements, U.S. District Court - Eastern District

Fourteen organizations will receive $4.1 million from a class action settlement under the Fair Credit Reporting Act because some class members could not be found or did not cash the checks mailed to them as part of the $20.8 million settlement.
The case, Williams v. LexisNexis Management Inc., was settled in June 2008 in federal court [...]

Promoting care for Alzheimer’s, dementia patients

By Dolan Media Newswires
Published: December 28, 2009
Tags: Elder Law, Health & Wellness

Alzheimer’s disease and dementia threaten an individual’s health, identity, independence, dignity and well-being. It has a detrimental impact not only on the person, but also on their families and communities.
As more people have dementia, the legal profession must strive to advance ethical imperatives, which ensure:
• Dignity and individuality is preserved;
• Independence is maintained to the [...]

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