The trial court erred in failing to determine if defendant’s burping made him physically unable to take a breathalyzer test; a remand is required to determine if defendant’s jury trial conviction for second offense DUI in 10 years can stand, ...Read More »
Monthly Archives: April 2011
Edward L. Allen brings family and history with him to the presidency of the Virginia Trial Lawyers Association. His grandfather was the first president of the association. His father started its political action committee. A cousin and a brother have ...
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HOT SPRINGS – Defense lawyers call them “independent medical examinations.” Plaintiffs’ lawyers bristle at the phrase. Court-ordered medical exams in personal injury cases should be called “defense medical exams,” insist the plaintiffs’ lawyers. Regardless of the name, the law is ...Read More »
White-collar defense lawyer Patrick O’Donnell used a war story to warm up the crowd yesterday at the Norfolk-Portsmouth annual bench-bar conference. During a discussion of e-discovery with a panel of state and federal judges, several jurists showed they work to ...
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Richmond Circuit Judge Melvin R. Hughes Jr. has filed a $1.7 million defamation suit against a Richmond weekly newspaper for publishing commentary suggesting he played courtroom politics with lawyers. The suit against The Richmond Voice came after the newspaper published ...Read More »
A Roanoke U.S. District Court dismisses a borrower’s suit alleging defendant mortgage company violated the Truth in Lending Act when the notice of right to rescind had separate cancellation provisions for the loan and for arbitration; and failed to disclose ...Read More »
An Abingdon U.S. District Court denies plaintiff county’s motion to remand to state court this declaratory judgment action against defendant companies rejecting certain deductions the companies allegedly took in calculating the amount of mineral severance tax due to the county. ...Read More »
A Richmond U.S. District Court certifies a class in a suit alleging defendant Equifax violated the Fair Credit Reporting Act by failing to update consumers’ credit reports, including plaintiff’s own report that failed to record that an uncontested judgment against ...Read More »
In this suit in which a contractor alleges injuries from the explosion of a ship’s propane tank as he refilled it on land for a commercial fishing operation, a magistrate judge for the Richmond U.S. District Court recommends dismissing third-party ...Read More »