Quantcast
Home (page 99)

Author Archives: Paul Fletcher

Defense Can't Get Fees After Plaintiff Nonsuits (access required)

A defendant is not entitled to attorney’s fees after a plaintiff nonsuits her real estate lawsuit, a Page County Circuit Judge has ruled. The defendants sought attorney’s fees based on contract language entitling “the prevailing party” to fees in any ...

Read More »

Latest 'Writeoffs' Appeal Is Dismissed Over Procedure (access required)

The Supreme Court of Virginia has dismissed an appeal that could have reopened the issue of doctors’ “writeoffs” in personal-injury cases, a question seemingly answered loudly and clearly last summer. Last June, the high court, in Acuar v. Letourneau, 260 ...

Read More »

'Grandma' With Custody Must Pay Child Support (access required)

Even though a man was not the biological father of a 5-year-old boy, he must pay support because he signed a declaration of paternity, an Alleghany County Circuit judge has ruled. And the man’s mother, who has physical custody of ...

Read More »

Retention Claim Needs Underlying Wrongful Act (access required)

An independent insurance agent cannot sue an insurance company for negligent retention of a branch manager who allegedly made sexually harassing comments to her, because the manager’s conduct was not actionable in its own right, a federal judge in Roanoke ...

Read More »

Carrico Celebrates 40 Years (access required)

Harry L. Carrico has been a member of the Supreme Court of Virginia for 40 years, and its Chief Justice for 20. Carrico’s long service — he is the longest-serving chief justice in Virginia history — was celebrated at a ...

Read More »

Company Can't Force Arbitration On FLSA Pact (access required)

Even though an employee signed an enforceable agreement to arbitrate any claims arising from his employment, he still can pursue a lawsuit based on the Fair Labor Standards Act, a federal judge in Alexandria has ruled. The FLSA contains language ...

Read More »

Plaintiff Can't Compel Travel For Depositions (access required)

The plaintiff company in a declaratory judgment action over coal contracts cannot compel the officers of the defendant to travel from Pennsylvania to Abingdon for depositions, a federal magistrate judge in that town has ruled. Although she ruled the defendant ...

Read More »

Carrier That Denied Claim Can Be Sued For Emotional Harm (access required)

Policyholders who suffered a fire loss can pursue damages for emotional harm in their bad-faith breach of contract suit against their insurance company, a federal judge in Abingdon has ruled in a case of apparent first impression. Citing the Restatement ...

Read More »

Comp Carrier Can't Assert Lien On Lawyers' Payout (access required)

A workers’ compensation carrier did not have a lien against the portion of a tort settlement paid to an injured worker’s lawyers, a federal judge in Alexandria has ruled. The judge said the carrier had only a subrogation right, giving ...

Read More »

The Best Of 2000 – Top News Stories (access required)

The top legal news story of 2000 is really as much a political story as a legal one, and it didn’t even take place in Virginia: The just-completed presidential election, in which Al Gore became the first presidential candidate ever ...

Read More »