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Civil Procedure – Jury Trial – Waiver – Ad Damnum – Longshoreman Claim (access required)

By Deborah Elkins
Published: November 8, 2010
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Although an injured longshoreman waived his right to a jury trial on the issue of liability when he initially sued for $75,000 in Portsmouth Circuit Court, he was entitled to a jury when his case against the ship owner was remanded to state court, and the Supreme Court of Virginia upholds the $5 million jury [...]

Chief justice to get VTLA Service Award (access required)

By Alan Cooper
Published: October 29, 2010
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Virginia Chief Justice Leroy Rountree Hassell Sr. will receive the Virginia Trial Lawyers Association’s Distinguished Service Award for 2010.
In announcing the award, VTLA President Matthew B. Murray said it is intended to honor those “whose commitment to the law and the right to trial by jury has advanced the cause of justice for the [...]

Court money woes likely to grow (access required)

By Alan Cooper
Published: October 14, 2010
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After Karl R. Hade, executive secretary to the Supreme Court of Virginia, gave the Judicial Council a by-now familiar account of the grim financial condition of the state’s judiciary on Wednesay, someone asked, “What can we do?”
All heads turned to council member Walter A. Stosch, the Henrico Republican who is a senior member of the [...]

Pro Bono Clearinghouse is a matchmaking hit (access required)

By Deborah Elkins
Published: October 8, 2010
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When Richmond lawyers heard about pro bono programs all over the state last spring, they realized they are on to a good thing.
Lawyers from around the commonwealth described a variety of do-good efforts in April, when Chief Justice Leroy Rountree Hassell Sr. convened a Pro Bono Summit in Richmond.
They described telephone hot lines, legal aid [...]

Zoning – Rezoning Application – Proffer Amendment – Public Hearing  (access required)

By Deborah Elkins
Published: September 21, 2010
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A county board of supervisors did not violate the county code’s conditional zoning provision when it failed to hold a new public hearing on a rezoning application after it amended the proffer, with the agreement of the property owner, to limit sale of diesel fuel at the proposed service station; the Supreme Court of Virginia [...]

Hassell to step down as Chief (access required)

By Alan Cooper
Published: May 12, 2010
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Virginia Chief Justice Leroy Rountree Hassell Sr. told the annual meeting of state court judges Tuesday that he will step down after two four-year terms as head of the judicial branch.
The announcement came during the chief justice’s annual State of the Judiciary address at the meeting in Norfolk.
Hassell said there was an understanding eight years [...]

Panel to craft policy on court-appointed fees (access required)

By Virginia Lawyers Weekly
Published: May 10, 2010
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Chief Justice Leroy Rountree Hassell Sr. says he will appoint a subcommittee of the Committee on District Courts to help develop a policy designed to save $3 million a year in court-appointed attorneys’ fees.
Commonwealth’s attorneys suggested the money could be saved if they adopted a general rule of not seeking jail time for misdemeanor offenses, [...]

Chief Justice convenes pro bono summit (access required)

By Alan Cooper
Published: April 28, 2010
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Pro bono legal efforts in Virginia are as varied as the state’s regions, according to comments Tuesday at a pro bono summit called by Chief Justice Leroy Rountree Hassell Sr.
The Charlottesville area is “blessed,” as attorney Jonathan T. Blank put it, with a vibrant local bar, an innovative legal aid organization and clinics supported by [...]

Civil Procedure – Warrant In Debt – Estate Creditor – Limitations (access required)

By Deborah Elkins
Published: April 27, 2010
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A pro se plaintiff’s negligence action against an estate, not the personal representative, is barred by the statute of limitations, as Va. Code § 8.01-6.2(B) did not toll the limitations period, and the Supreme Court of Virginia affirms dismissal of the suit.
Plaintiff’s initial warrant in debt arising from an auto accident and filed against the [...]

Attorneys – Lawyer Discipline – Frivolous Med-Mal Suit (access required)

By Deborah Elkins
Published: March 8, 2010
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The Supreme Court of Virginia upholds a three-judge circuit court’s public reprimand of a lawyer for violating Rule 3.1 of the Virginia Rules of Professional Conduct by filing a frivolous med-mal action against a physician who had no involvement in the plaintiff’s care; however, the lawyer did not violate Rule 1.1 on competence.
Appellant lawyer filed [...]

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