Criminal - Speedy Trial Act - Bank Fraud - Dismissal With Prejudice
Published: December 8, 2008
Although a Roanoke U.S. District Court thinks the bank fraud and conspiracy charges against defendant are serious, the 229-day violation of the Speedy Trial Act, 18 U.S.C. § 3162, is a significant delay that has prejudiced defendant, and the charges are dismissed with prejudice.
U.S. v. Yalartai (USDC-WD) (VLW 008-3-424) (7 pp.)
New lawyer pay flat: Firms stay at ‘07 levels, hiring tight
Published: December 8, 2008
The skyrocket has landed. With a thud.
Last year, Virginia Lawyers Weekly reported that salaries for new associates at Virginia law firms had “skyrocketed” with some firms upping their starting annual pay by as much as $35,000.
It’s a different story for associates starting out in 2008. VLW’s annual new associate salary survey shows most firms have [...]
Arbitration award is enforceable
Published: December 8, 2008
An Alexandria political consultant who breached his employment contract can’t overturn a $366,037 judgment against him by claiming the contract’s arbitration clause did not call for judicial enforcement, the 4th U.S. Circuit Court of Appeals held Dec. 3.
The consultant, Christopher Wilson, had “expertise in research, polling and political consulting” and a “national reputation,” when he [...]
Judges’ job evaluations to remain confidential
Published: December 8, 2008
The General Assembly this session will consider the first five judges to face reelection since the Supreme Court’s judicial performance evaluation program started. But the evaluations for those judges will remain strictly confidential, with only members of the Assembly being able to see the reviews.
Virginia Supreme Court Justice Barbara Milano Keenan told state judges two [...]
Should counties be subject to the Tort Claims Act?
Published: December 8, 2008
The 2009 General Assembly will be asked to approve a study that could lay the groundwork for allowing accident victims to sue Virginia counties.
Virginia counties long have been protected by the common law doctrine of sovereign immunity, which means someone injured by a county employee has to navigate a complex legal landscape to successfully bring [...]
Bars to review candidates for seat on Appeals Court
Published: December 8, 2008
Several statewide bar groups have set Dec. 29 as the deadline for the submission of interest by candidates in replacing Judge Jean Harrison Clements on the Virginia Court of Appeals.
Clements is retiring at the end of the year because she has reached the mandatory retirement age of 70.
Based in Leesburg, she is the only judge [...]
Lawyers in the News
Published: December 8, 2008
The council of the American Law Institute (ALI) has elected George Mason University professor Michael I. Krauss of Arlington as one of its 79 new members.
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Shalanda Franklin-Verdell has joined the Norfolk office of Vandeventer Black. Franklin-Verdell concentrates her practice in estate planning and administration, labor and employment, [...]
GDC chosen as venue for soft-tissue injury claim - $15,000 Verdict 
Published: December 8, 2008
The collision involved two bobtail tractor trucks (tractor-trailers without trailers attached) in the port area in Norfolk. Treatment consisted of an emergency room visit at Sentara Norfolk General Hospital immediately following the accident and follow-up through Portsmouth Naval Medical Center, including a shoulder MRI and physical therapy. Special damages included three weeks of [...]
Inspector strains back dodging improperly braked train cars - $525,000 Verdict
Published: December 8, 2008
Plaintiff was injured while inspecting train cars that began rolling because they were improperly braked. Plaintiff dove out from between two train cars, injuring his lower back. Dr. Joiner testified by video deposition as to the MRI findings and the plaintiff’s continuing pain. Dr. Widmeyer testified in person that while plaintiff [...]
Presence of misplaced screw disputed in hip surgery - Defense Verdict
Published: December 8, 2008
Plaintiff, a 36-year-old man, fell off the roof of his home on June 26, 2004. After lying on the ground for an unknown length of time, he drove himself to an urgent care clinic, where he was diagnosed with a sprain of his left hip and was prescribed pain medication, muscle relaxants and crutches.
Over [...]
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