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Author Archives: Peter Vieth

Court rules misplaced surgery is not battery (access required)


The Supreme Court of Virginia has rerouted a short cut to recovery for some surgery patients. The court ruled this month that a surgeon who mistakenly operated on the wrong level of a patient’s spine cannot be sued for battery. ...

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Judge blocks felon gun permits (access required)

A Wise County judge has refused to restore the gun rights of two convicted felons, questioning in one case whether the petitioner’s civil rights were properly restored by Gov. Terry McAuliffe. The case raises what may be the first challenge ...

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Legislature takes up criminal discovery reform (access required)

A criminal discovery reform proposal rejected by the Virginia Supreme Court in 2015 could emerge from the General Assembly this year, but it likely will have to survive a legislative panel that already killed a similar measure. The state Senate ...

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JIRC urges censure of judges for courthouse advocacy (access required)


Virginia’s Judicial Inquiry and Review Commission says two judges who publicly urged voters to reject a county courthouse relocation proposal should be disciplined for “political activity.” The JIRC is asking the Supreme Court of Virginia to censure Court of Appeals ...

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Burnett to retire as JIRC Counsel (access required)

The state’s enforcer of judicial ethics is stepping down this year. Judicial Inquiry and Review Commission Counsel Katherine B. Burnett has confirmed that she will retire at the end of the year. The seven-member, constitutionally mandated commission presides over an agency ...

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Lawyer surrenders license after escrow money taken (access required)


A Virginia Beach real estate lawyer gave up her law license last month amid investigation of a business associate who may have looted more than $700,000 from the lawyer’s escrow account. Beverly A. English, also known as Beverly E. Taylor, ...

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President’s immigration order sends lawyers scrambling (access required)


Few lawyers get to work with a cheering section behind them, but that was the situation on Saturday, Jan. 28, at Washington Dulles International Airport. Lawyers had descended on the airport in response to word that travelers were being blocked ...

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Court records bills die at Assembly (access required)

The General Assembly will not compel Virginia courts to allow statewide searches of their case records. Bills to provide for statewide search capability failed to survive committee scrutiny in the House of Delegates. The most recent victim was House Bill ...

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Lawyer’s impairment defense falls short (access required)


A Virginia lawyer failed to deflect bar charges of dishonesty based on mishandling of a $15,000 client fee, despite a defense that depression prevented the lawyer from forming the necessary bad intent. A five-member Virginia State Bar Disciplinary Board panel ...

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Assault victim’s lawsuit barred by cruise contract deadline (access required)


A woman who said she was assaulted on a cruise-sponsored field trip in India waited too long to sue the cruise company, a Charlottesville federal judge has ruled. Under maritime law, the company that ran the “Semester at Sea” cruise-and-study ...

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