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Medical Expense Duty Owed Till Graduation (access required)

By Deborah Elkins
Published: May 3, 2013
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A husband is ordered to pay wife $617.94 as reimbursement for medical expenses, in accordance with the terms of the parties’ property settlement agreement incorporated into their final divorce decree; the Fairfax Circuit Court declines to include in the sum awarded to wife her claimed expenses for dental insurance premiums, which are not mentioned in [...]

Pedestrian struck in Old Town Alexandria crosswalk – $550,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: April 1, 2013
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Plaintiff was a pedestrian in Old Town Alexandria who was crossing the street in a crosswalk with her husband in the evening when she was struck by the defendant’s car. Her husband avoided being struck but he still received minor injuries from landing on the street. The defendant had been drinking earlier in the evening [...]

Punitives OK for one plaintiff, but cut in half for another (access required)

By Peter Vieth
Published: February 22, 2013
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A Fairfax circuit judge has approved a punitive damages award of $100,000 for a plaintiff in a drinking-and-driving case. But for the other plaintiff in the case, he cut the same award in half, giving her $50,000. Reston lawyer Robert T. Hall, who represented both the driver and her passenger in the car-wreck case, said [...]

Former DynCorp employee entitled to full retention payment – $5,081,622 Verdict (access required)

By Virginia Lawyers Weekly
Published: April 23, 2012
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Phoenix Consulting Group was bought by DynCorp in October 2009. The owner of Phoenix Consulting Group wanted to give a large bonus from the proceeds of the sale to the president of Phoenix, Col. Gerald York. DynCorp required the owner to provide most of the bonus in the form of a retention agreement to ensure [...]

Gun in office did not justify firing, judge rules (access required)

By Peter Vieth
Published: April 19, 2012
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A retired military intelligence officer was entitled to his $5-million retention bonus, even though his employer tried to claim he violated company rules by having a gun and ammunition in a locked drawer. The case involved the grandson of World War I hero Sgt. Alvin York, the most decorated American soldier of WWI. Judge Bruce [...]

Bylaws ‘Reference’ Does Not Create Contract (access required)

By Deborah Elkins
Published: December 13, 2011
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Three vice presidents of defendant company terminated after they worked to set up a subsidiary office in the United Arab Emirates cannot rebut the presumption that they were at-will employees with a claim that their offer letters or memoranda incorporated company bylaws and constituted employment contracts; relying on a 2011 contract case from the Supreme [...]

Jury finds for doc in appendicitis case, patient refused studies – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: December 5, 2011
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Plaintiff, a 25-year-old male, visited the defendant urgent care physician complaining of right lower quadrant pain. The physician suspected appendicitis and ordered blood work, a urinalysis and radiology imaging studies. Plaintiff agreed to the blood work and urinalysis but declined to undergo the imaging studies. Based on good results from the blood work and urinalysis, [...]

Pest company’s noncompete case heard (access required)

By Deborah Elkins
Published: September 14, 2011
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The Supreme Court of Virginia has a chance to clarify the law on noncompetes as it takes a fresh look at an agreement it upheld over 20 years ago. Then and now, a pest control company with an extensive customer list asks employees to sign a contract intended to keep a defecting employee from filching [...]

Court Can Hear Dec Action on POA (access required)

By Deborah Elkins
Published: July 19, 2011
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A Fairfax Circuit Court has personal, subject matter and territorial jurisdiction over plaintiff lawyer’s complaint for a declaratory judgment regarding his rights and responsibilities under powers of attorney allegedly executed by defendants, who inherited real estate in Lebanon and who consulted with plaintiff, who is licensed to practice law in Lebanon, to assist them in [...]

Baby stillborn during breech delivery at home – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: July 18, 2011
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Plaintiff, a 38-year-old woman, was a patient of defendants’ obstetric practice. She saw the defendant doctor regularly throughout her pregnancy with her fourth child. On Sept. 27, 2006, plaintiff – then at the gestational age of 38 weeks, 2 days – came to defendants’ office. It was the defendant-doctor’s practice to see all obstetric patients [...]

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