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Author Archives: Alan Cooper

VSB holds elections for seats on council (access required)

Five circuits have more candidates than seats available on the Virginia State Bar Council. Attorneys in Norfolk, Richmond, Alexandria, Arlington and Fairfax will elect their council representatives by returning a marked ballot that will be mailed by April 15. Ballots ...

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Issue on appeal: Role of hospital foundation (access required)

Plaintiffs’ attorneys see foundations set up at Virginia’s three teaching hospitals as a way to funnel money to the doctors who treat patients largely as private physicians in addition to teaching at the hospitals. Defense attorneys are countering that the ...

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Appeals Court stays away from Confrontation Clause (access required)

The Virginia Court of Appeals found a way around substantial Confrontation Clause issues last week in affirming the convictions of two defendants. One case, Luginbyhl v. Commonwealth (VLW 006-7-115), had been anticipated by the criminal bar because it promised to ...

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Chabalewski is tapped as new VSB Counsel (access required)

A search committee of the Virginia State Bar has selected Senior Assistant Attorney General George W. Chabalewski to succeed Barbara Ann Williams as head of the Virginia State Bar’s disciplinary system. Chabalewski still must be approved formally as bar counsel, ...

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Policy does not cover wrongful death claim (access required)

The widow of an Orange County gentleman farmer cannot rely on coverage from a farm owner’s policy in the defense of a lawsuit alleging that she poisoned her husband. Donna Somerville was acquitted by Orange Circuit Judge Daniel R. Bouton ...

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Late pay penalty applies to comp attorney's fee (access required)

An order to pay an attorney’s fee from accrued workers’ compensation benefits must be met with the same dispatch as an order directing payment to the worker, the Virginia Court of Appeals ruled last week. The Workers’ Compen-sation Commission had ...

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Rules committee recommends FedEx, balks at plain error (access required)

Filing pleadings with the Supreme Court of Virginia and the Court of Appeals through Federal Express, UPS and other commercial carriers or through certified or registered mail. Limits on the use of statements of fact in lieu of transcripts. Payment ...

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Code reorganization project in jeopardy (access required)

The Rules Committee of the House of Delegates has sent a strong signal to the Virginia Code Commission that it doesn’t think the reorganization and renumbering of the Virginia Code is such a good idea. The General Assembly adopted Senate ...

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VSB: Mandatory insurance mulled (access required)

Virginia is a leader in the amount of protection it provides clients against the malpractice of attorneys licensed in the state. It is one of 13 states that require lawyers with private practices to disclose whether they have legal malpractice ...

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New statute on med-mal experts gets its first test in Fairfax case (access required)

A Fairfax County circuit judge has rejected an effort to get behind a plaintiff’s attorney’s certification that he has an expert in a medical malpractice case. The order entered earlier this month by Judge Gaylord L. Finch Jr. may well ...

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