A med-mal carrier is required to defend an action filed by parents who alleged defendant physician represented that he participated in Virginia’s Birth Injury Fund, but failed to pay into the Fund, which is not available to cover neurological injuries ...Read More »
The Supreme Court of Virginia reverses a judgment that would have allowed 13 retired county employees to collect additional retirement benefits they argued they were owed because of a miscalculation by a county employee prior to their retirements; the retirees’ ...Read More »
A lawyer who was representing a husband in a divorce case did not violate ethics rules when he did not withdraw from the case after learning his law partner had a conversation with wife about representing her but declined to ...Read More »
The Supreme Court of Virginia reverses a $282,685 jury award to the estate of a state trooper who died of mesothelioma after exposure to asbestos while observing vehicle brake inspections as a state trooper and previously, through employment as a ...Read More »
A change of heart by a single justice has brought an end to a short-lived “relaxed” standard for failure-to-warn claims under Virginia products liability law. After rehearing a products liability case, Virginia Supreme Court Justice LeRoy F. Millette Jr. switched ...
Tagged with: Justice Cleo E. Powell Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice William C. Mims Products Liability Supreme Court of Virginia News Virginia Association of Defense Attorneys Wrongful DeathRead More »
A $12 million compensatory damage award against a vessel owner for a shipyard worker who developed mesothelioma from asbestos exposure is reversed by the Supreme Court of Virginia because the trial court erred in excluding evidence the shipyard knew of ...Read More »
Call it a finger on the scale of justice. The law sometimes gives an advantage to one side in a lawsuit, allowing a legal “presumption” about some key fact in the case. Presumptions can be overcome, but how much weight ...
Tagged with: Alexandria Circuit Court Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia News Wills & TrustsRead More »
The Supreme Court of Virginia has opened the door to claims against individual supervisors who take part in the unlawful firing of an employee. The Nov. 1 decision in VanBuren v. Grubb (VLW 012-6-143), decided 4-3, is a victory for ...
Tagged with: Employment Federal Courts Judge James C. Turk Justice Cleo E. Powell Justice Cynthia D. Kinser Justice Donald W. Lemons Justice Elizabeth A. McClanahan Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Justice William C. Mims Supreme Court of Virginia NewsRead More »
A nurse employed by a medical center who alleged she was groped, sexually harassed then terminated, by a supervising physician who owned the medical center, has a common law wrongful discharge tort claim against the physician, the Supreme Court of ...Read More »
An auto-accident plaintiff who won a $4 million summary judgment against a driver can’t extend that win to her own underinsurance motorist carrier, as the Supreme Court of Virginia says the UIM carrier is not bound by the summary judgment ...Read More »