Tort – Government Not Liable for Stability Test
By Deborah Elkins
Published: June 30, 2009
The government’s certification of a double-pontoon vessel to carry 25 persons does not mean Federal Tort Claims Act liability for passenger deaths after the vessel capsized, as the government’s “stability proof tests” come under the discretionary function exception federal tort liability.
Indemnity Insurance Co. of North America v. U.S. (VLW 009-2-115) (11 pp.)
Search & Seizure – Vague Affidavit Cannot Support Warrant
By Deborah Elkins
Published: June 29, 2009
An affidavit saying a woman had seen her boyfriend “with other stolen property” lacked detail about when and what, and a Norfolk Circuit Court suppresses the evidence seized from defendant’s home.
Commonwealth v. Fuller (VLW 009-8-130) (7 pp.)
A trip to the beach: Reports from the Virginia State Bar Annual Meeting
By Virginia Lawyers Weekly
Published: June 29, 2009
The Virginia State Bar’s Annual Meeting in Virginia Beach June 18-20 was quite eventful. In this week’s edition, you’ll find coverage of:
• The VSB Council’s vote establishing a Diversity Conference.
• A perspective piece on the council confab from a new council member who’ll take his seat next week.
• A story on the attorney general debate between Sen. Ken [...]
Diversity Conference is approved by the VSB
By Alan Cooper
Published: June 29, 2009
VIRGINIA BEACH – The Virginia State Bar Council has approved the creation of a Diversity Conference but stopped short of giving it the full status enjoyed by the bar’s other three conferences.
Creation of the Diversity Conference, the key initiative of outgoing VSB President Manuel A. Capsalis of Arlington, and related issues dominated the agenda at [...]
Huddleston: Publicize ‘good works’ of lawyers on YouTube
By Alan Cooper
Published: June 29, 2009
Jon D. Huddleston, the new president of the Virginia State Bar, chafes at lawyer jokes.
“My experience has been that it’s the lawyers who are involved in the community,” the ones who deliver fruit baskets at Christmas, wield hammers and serve on boards of local Habitat for Humanity chapters, and coach the soccer, baseball and basketball [...]
Contingency clause can’t transfer UIM obligation
By Peter Vieth
Published: June 29, 2009
The insurance carrier for a truck-leasing company cannot use contingency language in its policy to escape its obligation to provide underinsured motorist coverage on its own truck, a Richmond federal magistrate judge has ruled.
The carrier sought to push the UIM obligation to the company that leased the vehicle.
The Supreme Court of Virginia has allowed contingency [...]
Need for knee replacement linked to earlier procedure – Defense Verdict
By Virginia Lawyers Weekly
Published: June 29, 2009
Plaintiff developed a post-operative infection approximately three weeks after arthroscopic knee surgery. Plaintiff claimed that the defendant violated the standard of care by deciding not to perform a knee wash out after the surgery.
The plaintiff suffered from a long history of degenerative knee arthritis. In March 2003, the plaintiff was involved in a car crash, [...]
Cuccinelli, Shannon face off in AG debate
By Paul Fletcher
Published: June 29, 2009
VIRGINIA BEACH—Ken Cuccinelli and Steve Shannon share many similarities.
Both represent Northern Virginia in the General Assembly.
In fact, Cuccinelli’s Senate district overlaps Shannon’s House district in three precincts.
Both are making their first statewide run for office at a young age – Cuccinelli is 40, Shannon 38.
Both attended Gonzaga High School, overlapping there by one year.
Both are [...]
Experts dispute need for surgery on wrist – Defense Verdict
By Virginia Lawyers Weekly
Published: June 29, 2009
Plaintiff, a 30-year-old male, went to defendant orthopedic surgeon with a two-week history of right wrist pain after injury at work as a sheet rock hanger. After conservative treatment failed, arthroscopy of the triangular fibrocartilage complex (TFCC) was performed.
Post-operatively, plaintiff continued to complain of persistent pain and swelling. Defendant saw plaintiff for approximately 15 office [...]
Council to Assembly: Make UPL a felony
By Alan Cooper
Published: June 29, 2009
VIRGINIA BEACH—The Virginia State Bar Council will ask the General Assembly to make the unauthorized practice of law a felony if the misconduct results in economic harm.
Under the proposed legislation, UPL would become a Class 6 felony when someone practices law without a license, knowingly creates a false impression that he or she is licensed [...]
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