Bankruptcy - ‘False Claims’ - Sanctions - FDCPA - Limitations
Published: September 8, 2008
A Norfolk U.S. Bankruptcy Court says it has authority under § 105 of the Bankruptcy Code to sanction a creditor for filing false or fraudulent claims, but the claims at issue here were not extinguished by expiration of the statute of limitations under Virginia law, and no sanctions are imposed.
In re Varona (USBC-ED) (VLW 008-4-022) [...]
Vocal cord procedure causes chronic cough - $875,000 Settlement 
Published: September 8, 2008
Plaintiff, a 56-year-old legal secretary, had been treated by the defendant, an anesthesiologist specializing in pain management, for headaches. After prior successful radio frequency neurolysis the plaintiff underwent a second procedure at five levels in which she experienced hoarseness and right vocal fold paralysis immediately following the procedure. She was referred to an [...]
Radiologist fails to diagnose enlargement of aneurysm - $500,000 Settlement
Published: September 8, 2008
Decedent was 47 years old, unmarried and without children. He was the primary care provider for his elderly mother and was the owner and operator of a small business. Decedent had a known history of a thoracic aneurysm.
The decedent arrived at the emergency department at local hospital complaining of back pain and nausea [...]
Renal failure, sepsis, death follow podiatric surgery - $650,000 Settlement
Published: September 8, 2008
On May 7, 2006, plaintiff’s decedent, Jane Doe, went to a local hospital’s emergency department with complaints of left calf pain and a recent onset of blisters around her left ankle. Her skin turgor was assessed as “poor” indicating dehydration. Three days earlier, Doe had undergone a podiatric surgical procedure known as a [...]
Too good to be true?
Published: September 8, 2008
For any law firm, large or small, the process of hiring a new employee can be daunting.
Large firms have recruiting coordinators and hiring committees. But small firms usually have one partner, maybe two, charged with locating a new lawyer when the firm has enough business to support one.
For those lawyers, after combing through resume after [...]
Tough stuff
Published: September 8, 2008
Bribery, bankruptcy, failure to pay debts and taking money from children.
Tough stuff for a general election, much less a Republican nomination contest.
Too tough for Paul C. Jost, the challenger for the seat held by Sen. Thomas K. Norment Jr., R-Williamsburg. After he lost the 2003 race, Jost, a real estate investor, filed a $10 million [...]
State fund can recoup from hospital authority
Published: September 8, 2008
The Virginia state fund that steps up for insolvent insurance carriers can recover from a local hospital authority workers’ comp payments that should have been made by Reciprocal of America.
In an Aug. 25 decision, a Chesapeake Circuit Court said the Chesapeake Hospital Authority is a “person” under Virginia law, and the Virginia Property and Casualty [...]
Appellate experts: Use moot courts to practice argument
Published: September 8, 2008
Moot court sessions are an invaluable tool in preparing an appellate argument, Virginia’s solicitor general and his predecessor told a group of appellate specialists last month.
The sessions help an attorney anticipate any possible questions, come up with the right answers and present them in a way that advances the argument, said William E. Thro, who [...]
Second homeowners’ group suit dismissed
Published: September 8, 2008
A second lawsuit challenging the actions of a community homeowners’ group in Virginia has been dismissed. U.S. District Judge Norman K. Moon ruled that evidence did not support charges of racketeering and extortion against the Dogwood Valley Citizens Association.
The Aug. 28 decision followed a two-day bench trial in June at the U.S. District Court [...]
Are you highly educated and foreign-born? Then get lost
Published: September 8, 2008
Buried beneath screaming headlines denouncing “illegal” blue collar workers from Mexico, news reports touting the virtues of building a southern border fence, and editorials trumpeting harsh work-site raids to round-up and deport “illegal” workers, there is a little-noticed alarm that is warning of the ongoing American loss in the war for global white collar talent.
News [...]
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here for more info.
