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 [...]
Suit for breach of privacy fails – Defense Verdict
By Virginia Lawyers Weekly
Published: October 31, 2011
Tags: Judge Walter J. Ford, Medical Malpractice, Million-Dollar Defense Verdicts, Williamsburg/James City County Circuit Court
Plaintiff sued defendant substance abuse treatment facility in a medical malpractice action for the alleged negligent and unauthorized disclosure of plaintiff’s medical records. As a part of plaintiff’s alleged breach of privacy, plaintiff contended that defendant breached certain federal laws and corresponding enacting regulations found in 42 C.F.R. Part 2 as well as HIPAA (45 [...]
Nursing home resident dies from head injury – Confidential Settlement
By Virginia Lawyers Weekly
Published: October 25, 2010
Tags: Medical Malpractice, Williamsburg/James City County Circuit Court, Wrongful Death
This case involved a mandatory arbitration clause in a nursing home contract. However, the court denied the defendant’s motion to compel arbitration because the person signing the contract had no legal authority to act for or bind the resident. Plaintiff’s decedent was a resident of a nursing home for 33 years and suffered from mental retardation related to a [...]
Patient’s death blamed on delay in treatment – $150,000 Settlement
By Virginia Lawyers Weekly
Published: September 13, 2010
Tags: Judge Samuel T. Powell III, Medical Malpractice, Williamsburg/James City County Circuit Court, Wrongful Death
Decedent, a 77-year-old female, died in the Williamsburg Community Hospital of a ventricular tachycardiac arrhythmia. Plaintiff alleged that the defendant cardiologist and emergency room group failed to treat her in a timely fashion. Decedent had a prosthetic heart valve installed several years prior to her death. In May 2000, she developed a MRSA infection on [...]
Oral agreement for option disputed in real estate case – $2,845,000 Verdict
By Virginia Lawyers Weekly
Published: May 31, 2010
Tags: Contract, Million-Dollar Verdicts, Williamsburg/James City County Circuit Court
This case stemmed from a joint venture involving speculation in real estate. A written contract allowed plaintiff to recover his investment if he exercised an option within certain period. An oral agreement extended that option period. Defendant denied the oral agreement. The difficulty was that all other amendments had been in writing. After a three-day [...]
Negligence – Arbitration – Nursing Home Suit
By Deborah Elkins
Published: March 19, 2010
Tags: Judge Samuel T. Powell III, Negligence, Virginia Circuit Courts, Williamsburg/James City County Circuit Court
A Williamsburg-James City County Circuit Court denies defendant nursing home’s motion to compel arbitration, finding that signing of the nursing home contract document by plaintiff decedent’s son, as personal representative, did not legally bind his mother to the contract and does not require plaintiff to arbitrate her claim. Wiggins v. Ruxton Health of Williamsburg LLC [...]
Plaintiff alleges switch of medication by pharmacy – $125,000 Verdict
By Virginia Lawyers Weekly
Published: February 22, 2010
Tags: Judge Joseph Leafe, Personal Injury, Williamsburg/James City County Circuit Court
On June 11, 2005, the plaintiff filled two prescriptions at the pharmacy at the Ukrop’s grocery store in Williamsburg. The medications were apparently switched and over the summer, while he thought he was taking his thyroid replacement hormone medication, plaintiff was actually taking a different drug. His condition deteriorated over the summer and ultimately resulted [...]
Co-worker alleges former judge defamed her in bid to keep seat – $456,000 Verdict
By Virginia Lawyers Weekly
Published: February 15, 2010
Tags: Defamation, Judge Walter J. Ford, Williamsburg/James City County Circuit Court
A Williamsburg/James City County jury returned a $456,000 defamation and breach of contract verdict on Jan. 29 against former Newport News Circuit Court Judge Verbena Askew in favor of former Hampton/Newport News Drug Court Administrator Brenda Collins. Eight people (seven jurors and one alternate) heard three days of testimony from 11 witnesses ranging from the [...]
Student injured in fall through uncovered window well – $1,100,000 Verdict
By Virginia Lawyers Weekly
Published: January 11, 2010
Tags: Premises Liability, Williamsburg/James City County Circuit Court
Plaintiff was a student at the College of William and Mary in October 2003, when she attended as a social guest a party given by Beta Theta Pi at its on-campus house. During the party she and several friends went outside of the house to a patio area, where other members of the fraternity and [...]
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