Negligence – Auto Accident – Collateral Source Rule
By Deborah Elkins
Published: January 5, 2009
A defendant employer in this auto-accident case can exclude medical bills of an injured plaintiff who won a bankruptcy discharge of those bills, even to prove pain and suffering, a Norfolk U.S. District Court holds; in a case of first impression, a magistrate judge refuses to apply Virginia’s collateral source rule to debts discharged in [...]
Lobbyist Vicki Iseman files $27M suit against New York Times
By Paul Fletcher and Alan Cooper
Published: January 5, 2009
Lawyers for Washington lobbyist Vicki L. Iseman have filed a $27 million defamation lawsuit against The New York Times for a February article about Iseman and her relationship with Sen. John McCain.
The suit, filed Dec. 30 in U.S. District Court in Richmond, also names as defendants the executive editor of the Times, its Washington bureau [...]
Doctors fail to diagnose severity of stab wound – Defense Verdict 
By Virginia Lawyers Weekly
Published: January 5, 2009
On June 27, 2004, after a night of partying, the decedent and his best friend got into a dispute over whether the decedent would drive while inebriated from Hampton back home to Atlanta with his 4-year-old son. The best friend grabbed a “dragon sword” that was variously described at trial as 12 inches and [...]
Mold causes illness in home in Loudoun County: $4,750,000 Verdict
By Virginia Lawyers Weekly
Published: January 5, 2009
Paul and Wendy Meng purchased a new home from The Drees Company in November 2005 for $900,000. During construction, the Mengs noticed that the house was not being protected from the weather, which allowed water to saturate the building materials. Drees did not dry the lumber before covering it up with drywall, and [...]
Costly Mold: Loudoun couple awarded $4.75M for mold injuries
By Alan Cooper
Published: January 5, 2009
A Loudoun County Circuit Court jury has returned verdicts totaling $4.75 million for a couple who contended that mold in their $900,000 home sickened them and rendered their house unlivable.
Paul and Wendy Meng bought the house from The Drees Company in November 2005. They contended that mold developed in the house because the contractor did [...]
Nine seek a seat on Appeals Court
By Alan Cooper
Published: January 5, 2009
Circuit Judges Burke F. McCahill of Leesburg and John E. Wetsel Jr. of Winchester are among a group of nine candidates who have told the Virginia State Bar that they are interested in a seat on the Virginia Court of Appeals.
The vacancy on the 11-member court was created by the departure of Judge Jean Harrison [...]
Customer wins $1M in suit against Web developer
By Peter Vieth
Published: January 5, 2009
The disappointed customer of a Web site developer won a $1 million verdict last month in the first case decided under the Virginia Uniform Computer Information Transactions Act.
An Alexandria Circuit Court jury on Dec. 17 awarded $1,138,500 to Blue Line Media, Inc., an employment recruitment business that claimed the interactive Web site it paid for [...]
Domestic Relations – Child Support – DCSE Petition – Nonsuit
By Deborah Elkins
Published: January 5, 2009
A Roanoke City Circuit Court grants a nonsuit to the Division of Child Support Enforcement in this action for child support, even though respondent father says the case had been submitted to the court for decision when the court indicated it appeared there was a material change of circumstances but there was no ruling on [...]
Real Estate – Episcopal Church Property – Breakaway Congregations
By Deborah Elkins
Published: January 5, 2009
A Fairfax Circuit Court issues additional rulings favoring congregations in Northern Virginia that seek to split from the mainline Episcopal Church, taking church property with them.
This letter opinion resolves the eight remaining issues related to the petitions filed under Va. Code Sec. 57-9. The court denies the motion of the Episcopal Church of the USA [...]
Criminal – Impeachment – Prior Silence
By Deborah Elkins
Published: January 5, 2009
Where a detective testified that the defendant declined to be interviewed after his arrest, and where the record fails to show the defendant’s silence was in response to any Miranda warnings, the evidence is admissible to suggest that the defendant’s self-defense explanation was of recent fabrication, the Court of Appeals holds.
The defendant shot a handgun [...]
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