Domestic Relations – Custody – ‘Fugitive’ Father
Published: October 31, 2008
By wrongfully taking his child to Spain, a “fugitive” father has forfeited his right to appeal court orders to return the child to his mother, the Supreme Court of Virginia holds in a first-impression case.
Sasson v. Shenhar (Va.S.Ct.) (VLW 008-6-100) (25 pp)
Administrative - ‘Related Person’ - Coal Act - Arbitrary & Capricious Standard
Published: October 30, 2008
An Abingdon U.S. District Court reverses a decision that an LLC is a “related person” under the Coal Act and says the company no longer has to cover a group of coal retirees.
Nicewonder Group LLC v. Astrue (USDC-WD) (VLW 008-3-481) (11 pp.)
Attorneys - Legal Malpractice - Insurer Claims
Published: October 29, 2008
Liability and excess carriers who covered an $8.3M verdict against the Wintergreen resort have no claim for legal malpractice under Virginia law, a Richmond Circuit Court says.
Wintergreen Partners v. Bowman and Brooke et al. (Richmond Cir.Ct.) (VLW 008-8-228) (3 pp.)
Domestic Relations - Show Cause Petition - Real Estate Sale
Published: October 28, 2008
A Fauquier County Circuit will hold a show cause on husband’s petition alleging wife has sold real estate to a third party in violation of the final divorce decree, and the court also has referred this matter on to the commonwealth’s attorney.
Cavanna v. Cavanna (Fauquier County Cir.Ct.) (VLW 008-8-226) (2 pp.)
Civil Procedure - Collateral Estoppel - Injured Passengers - Contribution Claim
Published: October 27, 2008
Where a jury found both Driver D and Driver C jointly and severally liable to an injured passenger from Driver C’s car, and Driver C later settled a separate suit filed by an injured passenger from Driver D’s car, Driver C is not collaterally estopped from seeking contribution from Driver D, an Arlington Circuit Court [...]
Getting Along
Published: October 27, 2008
Maybe you’ve seen this scenario at a law firm (maybe yours):
The new associate has joined the firm at full steam, acting as if she’s entitled to choose her own hours and take on the full responsibility of a case. Even in an entry-level position, she won’t hesitate to inflict her opinion on others and she [...]
VSB sinks mandatory insurance
Published: October 27, 2008
STAUNTON—After wrestling with the issue of mandatory legal malpractice insurance for more than two years, the Virginia State Bar Council rejected the concept by a 60-11 vote.
The vote at the council meeting on Oct. 17 at the Stonewall Jackson Hotel in Staunton was almost anticlimactic, with only three council members speaking against it after R. [...]
Despite changes in law, loan ‘auditors’ flourish
Published: October 27, 2008
While new legislation passed in January has cut into the rate of mortgage foreclosure “rescue” scams in most of Virginia, a new variation of homeowner rip-off appears to be thriving in Northern Virginia.
A legal aid lawyer in Fairfax says her agency is considering legal action against loan “auditors” who charge huge fees to look for [...]
Globe-trotting father can’t halt son’s move
Published: October 27, 2008
A father whose work for a defense contractor takes him all over the world has lost his bid to keep his 5-year-old son in Roanoke.
Roanoke Circuit Judge Clifford R. Weckstein rejected the recommendation of the guardian ad litem and approved the mother’s plan to take the boy and join her fiancé in Cheyenne, Wyo.
Saying that [...]
VSB to seek info on lawyers’ health and substance issues
Published: October 27, 2008
Virginia State Bar President Manuel A. Capsalis will send an e-mail message within the next few days to all Virginia lawyers asking them to respond to a survey about mental health and substance abuse issues among attorneys.
The survey will be e-mailed to all VSB members within a few days of Capsalis’ message.
It will be used [...]
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