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In-house lawyer beats VSB in ethics dust-up (access required)

By Peter Vieth
Published: January 20, 2012
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Even though his company was twice sanctioned in litigation with a software supplier, a former in-house lawyer came out almost unscathed in a battle with the Virginia State Bar over ethics charges based on how he handled a multi-million-dollar business dispute.
Stephen T. Perkins – former general counsel for Richmond-based Cavalier Telephone LLC – emerged from [...]

Jury in child birth claim out less than two hours – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: November 21, 2011
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On Nov. 20, 2008, the plaintiff mother presented to the hospital for labor and delivery. During the delivery, the defendant obstetrician encountered a shoulder dystocia. In response, the defendant obstetrician performed various delivery maneuvers in an effort to safely deliver the infant plaintiff. Although the defendant obstetrician successfully delivered the infant after 4.5 minutes, he [...]

Filings Too Late for ‘Unknown Heirs’ (access required)

By Deborah Elkins
Published: October 17, 2011
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A Richmond Circuit Court rejects efforts by persons claiming interests in real estate in Richmond which have been raised after this court already has declared defendant in this action to be the owner of the property.
On June 2, 2009, Hartwell C. Macon Sr. and Dorothy P. Macon filed a complaint against unknown Heirs, Devisees and [...]

‘Good Will’ Damages OK for Malpractice Suit (access required)

By Deborah Elkins
Published: October 17, 2011
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A financial services holding company that is suing defendant law firm for legal malpractice after the business had to defend civil actions by third parties and an action by the Securities & Exchange Commission has stated a viable claim for damages even though it has never made a profit; a Richmond Circuit Court says plaintiff [...]

Dad, Not Maternal Grandparents, Gets Custody (access required)

By Deborah Elkins
Published: October 17, 2011
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Although a biological father suffers from mild mental retardation and is unemployed, he has maintained contact with the child, whose mother died in 2010, and a Richmond Circuit Court awards physical and joint custody to the father over the objection of the child’s maternal grandparents; the GAL recommended custody to the maternal grandparents, but [...]

Court Rejects ‘Show Me the Note’ Claim (access required)

By Deborah Elkins
Published: October 17, 2011
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A Richmond Circuit Court says a borrower who has defaulted on a mortgage loan cannot avoid foreclosure by claiming defendant assignee of the deed of trust cannot conduct a foreclosure without producing the deed of trust note.
First, the deed of trust requires plaintiffs to provide prior notice to defendant or any owner of the debt [...]

Nursing Home Administrator Immune, Nurses Not (access required)

By Deborah Elkins
Published: October 17, 2011
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Applying the test for sovereign immunity to defendants in a suit alleging injury at a nursing home operated by the Richmond Hospital Authority, a Richmond Circuit Court says the administrator has immunity from suit, but defendant nurses do not.
Plaintiff sues for medical malpractice based on gross and simple negligence due to a fall and consequent [...]

No ‘Good Will’ Damages for Malpractice Suit (access required)

By Deborah Elkins
Published: October 12, 2011
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On reconsideration, a Richmond Circuit Court says plaintiff, a financial services company, may not seek damages for loss of good will in its legal malpractice action against defendant firm, and the court sustains the law firm’s demurrer and dismisses the suit in its entirety.
The difference in the Second Complaint is that plaintiff set out loss [...]

Claim over complications from cervical surgery fails – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: October 10, 2011
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A 66-year-old female patient underwent an anterior cervical diskectomy and fusion (“ACDF”) surgery. The following afternoon, the patient developed slight one-sided facial and eyelid swelling, and the on-call neurosurgeon was contacted by the nursing staff. The neurosurgeon communicated with the operating surgeon and also requested that the hospitalist examine the patient. Following [...]

Nerve root irritation alleged in Hopewell stop-sign crash – $150,000 Verdict (access required)

By Deborah Elkins
Published: August 29, 2011
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This accident occurred on Nov. 3, 2008, at 7:55 a.m. in Hopewell, at the intersection of Courthouse Road and Dinwiddie Avenue. The defendant pulled out from a stop sign into the path of the plaintiff’s vehicle. The defense admitted negligence and put the defendant on the stand to testify that she stopped for the sign, [...]

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