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Monthly Archive for April, 2011

A contractor who was locked up and falsely portrayed as potential child molester gets to try his defamation case against the police officer who had him arrested. Michael Lewis was working in a Prince George County neighborhood when a 10-year-old boy asked if Lewis could give him a ride home. When Lewis agreed, the boy [...]

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On April 21, the Virginia Supreme Court affirmed dismissal of a law firm’s complaint that U.S. Rep. Gerry Connolly – as then-chair of the Fairfax supervisors – torpedoed the firm’s longstanding relationship with the county housing authority.  Connolly (D, VA-11) had publicly argued with a lawyer at the Fairfax firm of Dunn, McCormack & MacPherson because the firm [...]

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The Supreme Court of Virginia has revived a $9-million lawsuit against the city of Lexington for the 2006 drowning of a 16-year-old boy. The lawsuit claimed the city failed to warn about dangerous water currents below a dam in a public park. The trial judge struck the negligence claims in 2009, ruling the dam’s danger [...]

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A Newport News federal judge is asking the Supreme Court of Virginia to take up a critical issue in litigation over destructive Chinese drywall: Whether liability insurance policies provide coverage for drywall damage claims or whether the policies’ “pollution exclusions” bar coverage. U.S. District Judge Mark S. Davis certified the question to the Supreme Court [...]

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The Supreme Court of Virginia has upheld an award of attorneys’ fees and costs that was larger than the amount the property owner recovered in her inverse condemnation case. The court entered an order last week that there was no reversible error in City of Newport News v. Yoder, Record No. 110036. The contentiousness of [...]

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An upstart union that won the right to represent workers at the giant MeadWestvaco paper mill in Covington also wins the local union hall. A circuit court judge in January had ruled the new union – Covington Paperworkers Union Local 675 – should have exclusive possession of the disputed union hall. A panel of the [...]

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The concept of a scrivener’s error couldn’t be used to reform a deed of trust just because the document didn’t reflect the intent of the parties, the Supreme Court of Virginia ruled today in an unpublished order. To obtain relief, the party asserting a scrivener’s error has the burden to proving “that the document contained [...]

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The Virginia Bar Association and the Asian Pacific American Bar Association have submitted their evaluations of the latest round of candidates for the Supreme Court of Virginia to the chairmen of the Senate and House Courts of Justice Committees. The VBA recommended Court of Appeals Judge Cleo E. Powell and Circuit Judges Victor V. Ludwig [...]

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Two 27th Circuit judges have made a late entry into the competition for a seat on the Supreme Court of Virginia just as more statewide bar groups are sending their evaluations of a second round of candidates to legislators. Judges Colin R. Gibb of Pulaski County and Josiah T. Showalter Jr. of Wythe County are [...]

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The Supreme Court of Virginia upheld today a defense verdict in a medical malpractice case from Rockingham County in which the testimony of the plaintiff’s expert on the standard of care was a key issue. Plaintiff suffered partial paralysis of his right arm and leg after the defendant orthopedic surgeon operated on him in June [...]

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