Civil Procedure - Recusal - Attorney Sanctions 
Published: January 18, 2010
Tags: Augusta County Circuit Court, Civil Procedure, Judge Victor V. Ludwig
Although an Augusta County Circuit Court has sanctioned a lawyer $2,000 under Va. Code § 8.01-271.1, the judge declines to recuse himself from the case at issue, finding that to do so would be shirking his judicial duties.
I believe the lawyer in question would agree that all our contacts prior to Dec. 28, 2009, were [...]
NC court’s pilot program puts audio recordings on PACER
Published: January 14, 2010
RALEIGH–J. Rich Leonard, a bankruptcy judge for the Eastern District of North Carolina, has been at the forefront of an experiment in seven states to see whether making digital recordings available online is useful for the public.
The Judicial Conference, the policy-making body for all U.S. courts, will vote in March [...]
P.i. plaintiffs post win on nonsuit issue
Published: January 14, 2010
Tags: Judge James H. Chamblin, Judge James V. Lane, Loudoun County Circuit Court, Personal Injury, Rockingham County Circuit Court
The latest battle over nonsuit rights may be heating up across Virginia.
A new circuit court case clearly rejects a controversial decision last summer that dismissed a p.i. suit because it was refiled with an increased ad damnum.
Last August, a Loudoun County judge dismissed with prejudice a suit refiled after nonsuit because the p.i. plaintiff [...]
Court asks withdrawal of payee notification
Published: January 14, 2010
Virginia Chief Justice Leroy Rountree Hassell Sr. asked the Virginia State Bar and the Virginia Trial Lawyers Association today to back off on payee notification legislation in this session of the General Assembly.
Hassell told VSB Executive Director Karen A. Gould and her VTLA counterpart, Jack L. Harris, in a conference call that the request represented [...]
Court considers forensic lab reports - again
Published: January 12, 2010
WASHINGTON – Less than a year after handing down a 5-4 decision requiring forensic lab analysts to be available to testify at criminal trials in which lab reports are admitted as evidence, the U.S. Supreme Court again wrestled with the requirements of the Confrontation Clause during oral arguments Monday.
This time, the Court is considering whether [...]
ROA settlement approved
Published: January 11, 2010
The State Corporation Commission has approved a confidential settlement that backers of the deal say will make policyholders and general creditors of Reciprocal of America close to whole.
Reciprocal of America and two related entities – American National Lawyers Insurance Reciprocal and Doctors Insurance Reciprocal – at one time were major legal and medical malpractice insurers [...]
Falls Church water plan violates Constitution
Published: January 7, 2010
Tags: Constitutional, Fairfax County Circuit Court, Judge R. Terrence Ney
The City of Falls Church violates the Virginia Constitution and its own charter by making a profit on the water it sells to Fairfax County residents, Circuit Judge R. Terrence Ney ruled yesterday.
Ney enjoined the city from transferring money from its water fund to the city’s general fund for purposes unrelated to the water system.
The [...]
VTLA will try again to streamline UIM
Published: January 6, 2010
Tags: General Assembly, Insurance, Personal Injury, Virginia Trial Lawyers Association
The Virginia Trial Lawyers Association will try again this General Assembly session to streamline cases in which the primary insurer pays its policy limits and additional underinsurance coverage is available for the plaintiff.
Personal injury attorneys long have complained that settlement of such cases gets dragged out needlessly because the UIM carrier has little incentive to [...]
Affidavit not testimonial, Court of Appeals says
Published: December 29, 2009
Tags: Criminal, Judge Robert J. Humphreys, Virginia Court of Appeals
An affidavit for a protective order was properly admitted in the trial of a man accused of killing his estranged wife because the statement was not testimonial, the en banc Virginia Court of Appeals ruled last week.
Seven of the court’s 11 members agreed with the opinion by Judge Robert J. Humphreys in Crawford v. Commonwealth, [...]
Resolve to remember the basics come 2010
Published: December 29, 2009
Tags: Practice Tips
The most effective New Year’s resolutions are those that are easy to implement. Below are some inexpensive and easy ways to help you deliver better client service and expand your network.
Google alerts
Sign up for daily Google alerts for your top clients. It is a free and easy way to monitor your clients and hear recent [...]
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