Attorneys - Legal Malpractice - Divorce - Expert Opinion
Published: November 26, 2008
A Fairfax Circuit Court refuses to dismiss an unhappy husband’s legal malpractice suit against his divorce lawyer because plaintiff husband does not have an expert witness.
Jacokes v. Cottrell (Fairfax Cir.Ct.) (VLW 008-8-241) (4 pp.)
Civil Procedure - Res Judicata - Claim-Splitting - Sanctions
Published: November 25, 2008
A real estate financing company that lost a 2006 suit with a former business associate has its later suit against the associate dismissed as barred by res judicata, and the Fairfax Circuit Court adds insult to injury by sanctioning the lawyer hired to bring the second suit for $25,626 under Va. Code § 8.01-271.1.
Gray Diversified [...]
Negligence - P.I. Suit - Lawyer Lien - Notice
Published: November 24, 2008
A Norfolk Circuit Court lets “The Hammer” amend his pleadings to assert that he gave written notice of his claim of statutory lien on a p.i. settlement.
Stanley v. GEICO (Norfolk Cir.Ct.) (VLW 008-8-239) (2 pp.)
Trucker injured in fall at customer’s plant - Defense Verdict 
Published: November 24, 2008
Plaintiff Robert Armendarez is a tractor-trailer driver employed by ATS Specialized Inc. He reported to defendant ABB’s manufacturing facility in Bland in October 2004 to pick up power transformers and deliver them to a customer in Texas. The transformers were already loaded onto an ATS flatbed by ABB. Plaintiff had to tarp, [...]
Attorney’s fees awarded after privilege claim denied - Attorney Fee Award
Published: November 24, 2008
The court’s rulings are a follow up to a lead story appearing in Virginia Lawyers Weekly (VLW 008-3-226) on June 23, 2008 (“Company can sue for ‘theft’ of identify”) in the case of The Flexible Benefits Council v. Kenneth Feltman.
Plaintiff requested the production of communication between the Defendant Hawks (an attorney) and Defendant Feltman (the [...]
Lack of consent alleged in carpal tunnel surgery - Defense Verdict
Published: November 24, 2008
Plaintiff, a 63-year-old high school teacher, suffered a transected median nerve during endoscopic carpal tunnel surgery performed by defendant orthopedic surgeon in May 2003. Plaintiff alleged that defendant failed to provide informed consent because he failed to advise her that endoscopic carpal tunnel surgery carried a greater risk of injury to the median nerve [...]
Rapid Response: Firms gear up, offer new services to help clients through tough times
Published: November 24, 2008
The business of law is no more immune to the economic downtown than any other enterprise, but Virginia law firms say they are weathering the storm, in part by offering special services that meet the needs of clients in the leaner times. In addition, while the job picture for new law grads is less rosy, [...]
Quadriplegia develops after removal of surgical collar - Confidential Settlement
Published: November 24, 2008
The plaintiff, age 64, was involved in a serious motor vehicle accident in April 2004. He was taken from the accident scene by ambulance to a local hospital. The emergency room physician ordered multiple radiographic studies, including a CT scan with contrast, to evaluate the extent of plaintiff’s head and neck injuries. [...]
In tighter market, job-hunters should hone interview skills
Published: November 24, 2008
And what impact has the down economy had on lawyers just entering the market, or law students who are on the interview trail this fall?
Not surprisingly, anyone looking for that first job can expect a tighter market, according to law school placement officers around the state. The key to success, they said, may be [...]
Judge Clements to retire from appeals court
Published: November 24, 2008
Virginia Court of Appeals Judge Jean Harrison Clements will retire Dec. 31 after eight years on the intermediate appellate court and 22 years as a state judge.
Clements reached the mandatory retirement age of 70 this year but she said, “I would have continued if the statute had permitted me to do so.”
“It has been a [...]
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