Chapter 5: Important Opinions and Services
Published: May 19, 2008
By now, you are probably becoming more accustomed to Virginia Lawyers Weekly’s new Web site and have made use of its primary content, including news stories, opinion digests and Verdicts & Settlements as well as access to full-text opinions.
There are, however, a variety of other useful tools on our site that you might not be [...]
Workers’ Comp - Causation - Knee Injury 
Published: May 19, 2008
A claimant who had a history of surgeries on her left knee cannot prove there was a causal relationship between her March 7, 2006 compensable injury to her left knee and her claims for medical treatment (a total left knee replacement and right knee treatment) after Sept. 29, 2006, the Court of Appeals holds.
The [...]
Search & Seizure - Probable Cause - Approach To Target Car
Published: May 19, 2008
Detectives did not have probable cause to arrest defendant on charges arising from a possible drug buy where they were conducting surveillance and saw defendant emerge from one car and enter another one.
The detectives knew nothing about defendant when he approached their target in a public parking lot immediately adjacent to a restaurant that was [...]
Domestic Relations - Termination Of Parental Rights - Incarcerated Dad
Published: May 19, 2008
A father whose three children initially were removed from the home due to the mother’s cocaine abuse, and who had limited contact with the children due to his incarceration, has his residual parental rights terminated in a decision upheld by the Court of Appeals.
We cannot say the trial court was plainly wrong or without evidence [...]
Criminal - Attempted Murder - Malicious Wounding - Crime Scene Sketch
Published: May 19, 2008
At defendant’s trial for attempted second-degree murder and malicious wounding in striking two people with her car, the trial court did not err in admitting a sketch of the crime scene, and any error in allowing the prosecutor to ask defendant whether she had used cocaine on the day in question was harmless, the Court [...]
Contempt - Business Sale - Name Use - Injunctive Relief
Published: May 19, 2008
A Virginia Beach business man who was ordered into jail for contempt of an injunction against using a name similar to the one he lost a license to use, has his appeal transferred from the Court of Appeals to the Supreme Court of Virginia, because the intermediate appellate court has no jurisdiction over violation of [...]
Criminal - Indictment - Nolle Prosequi - ‘Good Cause’ - Preliminary Hearing
Published: May 19, 2008
The Court of Appeals, on its own motion, has decided to hear en banc this case in which a panel held on April 22 that a trial court should have dismissed the direct indictment of a defendant who previously was arrested on a warrant for DUI and felony assault upon an officer, as defendant’s later [...]
Criminal - Murder – Firearm Use – Inconsistent Verdicts
Published: May 19, 2008
A man charged with first-degree murder and use of a firearm in the commission of murder, in the fatal shooting of his wife after a Fourth of July party, can be convicted of using a firearm “while committing or attempting to commit murder,” even though he was not convicted of murder but of voluntary manslaughter, [...]
Civil Rights - University Grad Student - Academic Dismissal - Immunity
Published: May 19, 2008
A chemistry graduate student who alleges he was deprived of due process when the U.Va. chemistry department dismissed him for failure to timely complete requirements for a master’s degree has his suit dismissed by the U.S. District Court in Charlottesville because the defendant university and the chair of its graduate chemistry program are immune from [...]
Civil Procedure - Default Judgment - Good Cause
Published: May 19, 2008
A U.S. District Court in Charlottesville grants defendant trust company’s motion to set aside a default judgment against it, based on the company’s showing of good cause.
As cited in Payne ex rel. Estate of Calzada v. Brake, 439 F.3d 198 (4th Cir. 2000), the factors to be considered when deciding whether to set aside default [...]
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