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Monthly Archives: January 2011

2011 Elder Law Section and VAELA Directory

On Feb. 21, Virginia Lawyers Weekly will be publishing a special B-section on Elder Law. The Virginia Academy of Elder Law Attorneys will be the sponsor of this section, which will include a directory of all members of VAELA. The ...

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Court grants noncompete writ (access required)

The Supreme Court of Virginia will review a noncompete agreement in which the language in dispute limited application of the restriction to Fairfax County but barred the employee from competing “directly or indirectly or concern himself/herself in any manner whatsoever” ...

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Criminal – Habeas Petition – Discovery Order (access required)

A Norfolk Circuit Court says a habeas petitioner who asserts claims including ineffective assistance of counsel and conflict of interest, is not entitled to discovery related to the federal indictment and conviction of Norfolk police investigator Robert G. Ford. Rule ...

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Domestic Relations – Equitable Distribution – Business Valuation – Goodwill (access required)

Wife is sole owner and employee of her business as a specialized registered nurse who assists workers’ comp claimants in their return to work, and a Roanoke County Circuit Court values the business at $347,000, not the $490,000 figure offered ...

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Domestic Relations – Marital Home – Wife’s Separate Property (access required)

A Rockbridge County Circuit Court finds that the home wife received as a gift from her parents prior to her marriage, into which the parties moved after marriage, was wife’s separate property and the $55,000 received when she sold the ...

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Criminal – Habeas Petition – Filing Document Under Seal (access required)

A Norfolk Circuit Court denies a habeas petitioner’s motion to file under seal an unredacted version of an affidavit filed by one of petitioner’s attorneys, based on the litigant’s claim that “witnesses who provided the information have expressed concerns that ...

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Criminal – Habeas Petition – Discovery Order – Attorney-Client Privilege (access required)

A Norfolk Circuit Court says a habeas petitioner who asserts claims including juror misconduct and ineffective assistance of counsel, is not entitled to discovery related to the federal indictment and conviction of Norfolk police investigator Robert G. Ford; however, the ...

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Criminal – Police Questioning – Videotape – Phone Calls (access required)

A juvenile defendant had no reasonable expectation of privacy that would preclude prosecutors’ use of a videotape of her during questioning at the police station, and a Norfolk Circuit Court says the fact that the defendant was under stress at ...

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Westermann v. Bermisa MD and Bermisa & Bermisa PLC (access required)

Type of Case: Personal injury Court: Portsmouth Circuit Court Attorney: Philip J. Geib, Virginia Beach Summary: A 24-year-old man went to the defendant doctor on successive days with complaints of a chest pain and cough. On the second day, he ...

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Shetty MD v. Psychiatric Solutions Inc. and First Hospital Corporation of Virginia Beach (access required)

Type of Case: Premises liability Court: Norfolk Circuit Court Attorneys: Jason J. Ham, Harrisonburg, and John G. Stepanovich, Chesapeake Summary: A 52-year-old psychiatrist was attacked in 2007 by a patient who had been involuntarily committed to Virginia Beach Psychiatric Center. ...

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