Opinion Digests « Virginia Lawyers Weekly

No Proof of Pesticide in Office

By Deborah Elkins
Published: February 9, 2012
Tags: Judge Henry E. Hudson, Premises Liability, U.S. District Court - Eastern District

A Richmond U.S. District Court dismisses plaintiff’s premises liability claim alleging injury from exposure to the toxic substance Merphos in office space leased from defendant realty company; although plaintiff has an expert who will testify she suffers from exposure to a toxic substance, there is no evidence as to where the exposure may have occurred, [...]

Carrier Covers Part of Lead-Paint Judgment

By Deborah Elkins
Published: February 8, 2012
Tags: 4th U.S. Circuit Court of Appeals, Insurance, Judge J. Harvie Wilkinson III

In determining insurance coverage for a Baltimore child who won a $850,000 judgment for lead paint injuries against two defendants – a realty company and the property owner that bought the house in which the child lived – the 4th Circuit says the realty company’s insurance contract requires the carrier to pay 40 percent of [...]

Waiver Valid with Parol Evidence

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

In this suit by an Indian businessman and his four businesses over commercial loans obtained from defendant bank, the Fairfax Circuit Court says the Waiver and Amendment Agreement plaintiff negotiated with the bank is valid and enforceable, and bars plaintiffs’ claim for breach of contract.
This case arises out of a dispute between Mr. Krishnan Suthanthiran [...]

Defamation Claim for Inspection Comment

By Deborah Elkins
Published: February 7, 2012
Tags: Judge Timothy K. Sanner, Louisa County Circuit Court, Tort, Virginia Circuit Courts

Taken in context, defendant’s alleged statement that he relied on plaintiff’s “description of a wall’s construction” when he prepared a letter about inspection of a retaining wall can be viewed as defamatory, and the Louisa County Circuit Court overrules defendant’s demurrer to plaintiff’s defamation claim.
There is no disagreement about the legal standard that must be [...]

Student Sues for School Mold Exposure

By Deborah Elkins
Published: February 7, 2012
Tags: Judge Rodham T. Delk Jr., Negligence, Suffolk Circuit Court, Virginia Circuit Courts

A plaintiff who alleges injuries from exposure to toxic mold at his school when he entered kindergarten in 2007 may sue the school board and the school system’s two officials responsible for facilities and maintenance for fraud and gross negligence, but the Suffolk Circuit Court sustains defendants’ plea of sovereign immunity to plaintiff’s claims for [...]

Patent Lawyer Suspended for No License

By Deborah Elkins
Published: February 7, 2012
Tags: Attorneys, Judge Margaret P. Spencer, Virginia Circuit Courts, Williamsburg/James City County Circuit Court

A patent lawyer who was licensed in Louisiana but represented she had a Virginia law license and practiced law in Virginia without a license is suspended by a three-judge panel sitting in the Circuit Court for James City County/City of Williamsburg for two years, with terms.
Pursuant to S.Ct. Rule Part 6, Section IV, Paragraph 13-6.H, [...]

Summary Dispositions

By Deborah Elkins
Published: February 7, 2012
Tags: Virginia Court of Appeals

The Virginia Court of Appeals has decided the following administrative cases by summary disposition:
Flaig v. VEC, No. 1404-11-3, Dec. 13, upholding a denial of unemployment comp on the ground that claimant’s misconduct barred benefits. VLW 011-7-397(UP), 2 pp.
Terra Firma LLC v. Sexton, No. 1494-11-1, Dec. 13, 2011, rejecting employer’s claim that employee showed hot conditions [...]

Appeal Dismissed Without Transcript

By Deborah Elkins
Published: February 7, 2012
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals

A wife’s claim she should have been awarded damages and attorney’s fees for husband’s alleged breach of their property settlement agreement is dismissed by the Court of Appeals because wife failed to provide the court with transcripts or an agreed statement of facts detailing the incidents of trial.
We cannot determine what evidence the trial court [...]

Second Child’s Best Interests Support Termination

By Deborah Elkins
Published: February 7, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

Three years after termination of her parental rights to her son, the Court of Appeals affirms termination of an incarcerated mother’s rights to her daughter age 20 months; Va. Code § 16.1-283(E)(i) provides an independent ground for termination in cases involving siblings making it unnecessary to consider § 16.1-283(C)(2) as an alternate ground.
Mother’s parental rights [...]

Fine Nonpayment Lands Defendant in Jail

By Deborah Elkins
Published: February 7, 2012
Tags: Criminal, Judge William G. Petty, Virginia Court of Appeals

The Court of Appeals affirms defendant’s 10-day jail sentence for failing to pay fines totaling $260 plus court costs imposed for two county ordinance violations; defendant failed to make an adequate record for appellate review of his contention that the fines imposed were for infractions rather than crimes so as to authorize punishment for contempt [...]

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