No expert fees when a nonsuit is taken at trial 
By Paul Fletcher
Published: May 11, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Judge Walter W. Stout III, Personal Injury, Richmond Circuit Court
When a plaintiff takes a nonsuit during trial, the defendant is not entitled to fees and costs for its expert witnesses, according to a Richmond Circuit judge. The nonsuit statute, Virginia Code § 8.01-380(C), permits the assessment of expert witness fees and costs for a nonsuit taken within seven days of trial. But that statute [...]
Contaminated Infant Formula Not Covered by Policies
By Deborah Elkins
Published: January 28, 2011
Tags: Insurance, Judge Walter W. Stout III, Richmond Circuit Court, Virginia Circuit Courts
An infant formula manufacturer that had to destroy $6 million worth of formula contaminated by melamine and disintegrated filter components does not have insurance coverage for the loss under the pollution/contaminant endorsements in three policies, but only has coverage for the replacement costs of the filters, says a Richmond Circuit Court. Plaintiff PBM Nutritionals LLC [...]
Law firm not required to indemnify carrier for Medicare shortfall
By Peter Vieth
Published: November 2, 2010
Tags: Insurance, Judge Walter W. Stout III, Personal Injury, Richmond Circuit Court
A law firm settling a personal injury claim does not have to indemnify an insurance company for any potential shortfall owed to Medicare, a Richmond circuit judge has ruled. The case highlights the latest skirmish to develop since the federal Medicare set-aside rules went into effect. The carrier here sought to protect itself with an [...]
Injury from intentional crash covered by UM insurance – $401,000 Verdict (plus interest)
By Virginia Lawyers Weekly
Published: August 30, 2010
Tags: Judge Walter W. Stout III, Personal Injury, Richmond Circuit Court
Plaintiff was a 70-year-old man whose son had two children with the defendant. The defendant got into a dispute with the plaintiff’s son, and came over to the plaintiff’s house on the morning of March 6, 2009, and smashed out windows of plaintiff’s vehicles. The police arrested her and she was taken away and then [...]
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