Car Owner Wins Damage & Fees Against Towing Company

‘Civil death penalty’ is OK by high court

By Peter Vieth
Published: June 12, 2012
Tags: Judge Margaret P. Spencer, Justice Cleo E. Powell, Justice Donald W. Lemons, Supreme Court of Virginia News

A trial court can impose a “civil death penalty” for discovery abuse, but taking away the right to cross-examine witnesses on damages was “too harsh,” the Supreme Court of Virginia has ruled. The ruling in Nolte v. MT Technology Enterprises LLC (VLW 012-6-103), gives the defendants another chance to defend damages claims in a case [...]

Debtor Properly Exempted P.I. Claim

By Deborah Elkins
Published: June 7, 2012
Tags: Judge Margaret P. Spencer, Negligence, Richmond Circuit Court, Virginia Circuit Courts

A plaintiff’s 2008 personal injury claim was properly exempted from his bankruptcy estate when he listed the claim as an asset in his Schedule B and then declared it as exempt property on his Schedule C, even though the bankruptcy court never entered an order confirming this exemption; the Richmond Circuit Court denies defendant’s motion [...]

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 [...]

High court to hear case on ‘civil death penalty’

By Peter Vieth
Published: December 1, 2011
Tags: Judge Margaret P. Spencer, Million-Dollar Verdicts, Richmond Circuit Court, Supreme Court of Virginia News

A group of business litigators hopes the Supreme Court of Virginia will save them from a “civil death penalty” imposed by a Richmond judge as punishment for discovery abuse, leading to an $11.75 million judgment. Richmond Circuit Judge Margaret P. Spencer dropped the hammer on defendant Cristol LLC and four of its members when 1,044 [...]

Social media: Ignore at your own risk

By Deborah Elkins
Published: November 14, 2011
Tags: Charlottesville Circuit Court, Judge Margaret P. Spencer, Personal Injury, Richmond Circuit Court, Social Media, Technology

Maybe you’re blasé about blogs, turned off by tweets, skeptical of the whole social media scene. That hands-off policy may hurt you and your client. Lawyers no longer have the luxury of ignoring social media, even if they choose not to use it personally or professionally. Clients are using these online tools and more. Facebook [...]

Woman gets $4M award by summary judgment

By Peter Vieth
Published: November 10, 2011
Tags: Bankruptcy, Judge Margaret P. Spencer, Million-Dollar Verdicts, Personal Injury, Richmond Circuit Court

A Smithfield woman seeking protection from financial exposure after being sued over a traffic accident torpedoed her own personal injury defense with her bankruptcy filings, a judge has ruled. The woman – and the insurance companies covering her – now faces a $4 million judgment in favor of the injured plaintiff. Richmond Circuit Judge Margaret [...]

$2.4M for inmate’s death in Richmond

By Peter Vieth
Published: September 19, 2011
Tags: Judge Margaret P. Spencer, Million-Dollar Verdicts, Richmond Circuit Court, Wrongful Death

A Richmond jury has hit the city sheriff and his former chief jail doctor with a $2.4-million verdict for the 2008 death of an inmate from pneumonia that allegedly went untreated. The verdict may be a record in Virginia for the death of an inmate. Plaintiffs’ lawyer Mark Krudys of Richmond said he had not [...]

Defense alleges degenerative disk disease in 19-year-old – $125,000 Verdict

By Virginia Lawyers Weekly
Published: August 22, 2011
Tags: Judge Margaret P. Spencer, Personal Injury, Richmond Circuit Court

The 19-year-old plaintiff was injured in a motor vehicle accident on March 23, 2009. The defendant ran a stop sign and struck the plaintiff’s car on the right side, causing it to flip over approximately three times. Liability was not an issue in the case. In regard to damages, the plaintiff had soft tissue injuries [...]

Disk, shoulder injury alleged during gastric bypass surgery – Motion to strike granted

By Virginia Lawyers Weekly
Published: June 27, 2011
Tags: Judge Margaret P. Spencer, Medical Malpractice, Richmond Circuit Court

Plaintiff alleged that defendant bariatric surgeon was negligent during plaintiff’s gastric bypass surgery and caused plaintiff to sustain injuries to her right shoulder. Plaintiff asserted a theory of res ipsa loquitur to support her contentions of medical negligence. She presented no expert testimony on the standard of care, but offered two of her treating physicians [...]