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Entries from May 2009

Longshoreman avoids removal, scores $5 million verdict

May 30th, 2009 · Comments Off · Civil procedure

An injured longshoreman who managed to keep his case out of federal court has won a $5 million verdict from a Portsmouth jury.
The Virginian-Pilot reports Sherman Whitaker was hurt when he fell through a shipyard catwalk in 2002.  His lawyer, William Breit, filed suit against his German-owned employer in Portsmouth Circuit Court asking for $74,000, [...]

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Parties settle case, avoid Supreme Court ruling

May 29th, 2009 · Comments Off · Insurance, Supreme Court of Virginia

The Supreme Court of Virginia will not decide the validity of an “illegal act” exclusion in a medical insurance policy.
The case of Bailey v. Anthem Health Plans of Virginia Inc., Record No. 082014, had been scheduled for argument before the court on Monday, but the parties settled.
“It was resolved to both parties’ satisfaction,” said Daniel R. Bieger, [...]

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Lawyer disbarred from appeals court has license suspended

May 29th, 2009 · Comments Off · Discipline

The Virginia State Bar has imposed a one-year suspension on the law license of Anne Marston Lynch, the Suffolk lawyer who was publicly castigated by the Virginia Court of Appeals for repeated lapses in the handling of a criminal appeal.
The Court of Appeals, in a Feb. 3 published order, disbarred Lynch indefinitely from practice before [...]

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Virginia doctor charged with writing internet prescriptions

May 29th, 2009 · Comments Off · Fraud

Federal authorities say a Mechanicsville doctor wrote thousands of prescriptions for people he never examined.
Torino Jennings, a staff physician at Retreat Doctors’ Hospital in Richmond, is accused of issuing 50,000 to 100,000 prescriptions for the relaxant Soma and other drugs between 2004 and 2007, reports the Boston Globe. Authorities say he was compensated between $5 [...]

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Gloucester supervisors want county to pay legal bills

May 29th, 2009 · Comments Off · Gloucester

Supervisors who were acquitted of criminal charges plan to ask for an attorney general’s opinion on whether they can vote to have the county pay their lawyer.
The Northumberland County commonwealth’s attorney (who has since left the position for a J&DR judgeship) concluded that the supervisors shouldn’t participate in such a vote because of a conflict [...]

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Ex-lawyer will go to jail for forging judges’ signatures

May 28th, 2009 · Comments Off · Discipline, Montgomery County

Former Christiansburg lawyer Gerard Marks has agreed to serve 11 months in jail for forging official documents to make clients think he had done legal work for them.
The agreement was worked out just before a scheduled sentencing hearing, according to The Roanoke Times.  An investigation showed Marks had forged the signatures of Circuit Judges Bobby [...]

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Turtle advocates to sue government agencies

May 28th, 2009 · Comments Off · Environmental Law

In 2007, conservationists asked the federal government to declare the loggerhead sea turtle, a species that spends its summers in Virginia coastal waters, an endangered species.
The government never responed, reports The Virginian-Pilot, so lawyers from three national advocacy groups are expected to sue the National Marine Fisheries Service and the U.S. Fish and Wildlife Service [...]

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“Uncle Pete” Decker hosts day off for kids

May 28th, 2009 · Comments Off · Norfolk

Norfolk lawyer Pete Decker and Judge Tom Shadrick of Virginia Beach are rewarding students for good grades.
For the past 10 years, “Uncle Pete” has treated elementary school students who have improved their grades to a day off and lunch, reports WVEC.
This year, the students also toured Nauticus the National Maritime Center and the Battleship Wisconsin [...]

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‘I Won’t Back Down,’ club owner said

May 27th, 2009 · Comments Off · Intellectual Property

A Suffolk club owner’s luck ran out in Norfolk federal court last Friday.  
The club owner had told music-licensing giant ASCAP that he would take his chances on operating without an ASCAP license, according to a lawsuit filed by the publishers. The plaintiffs included “Gone Gator Music,” “Floated Music,” “Milksongs” and “Hideout Records.”   
The suit [...]

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Calling ahead for drug buys doesn’t support felony charge, court rules

May 27th, 2009 · Comments Off · Cocaine, U.S. Supreme Court

The U.S. Supreme Court holds a cocaine user did not commit felony facilitation of a Virginia drug dealer’s business merely by using his cellphone to arrange small purchases for personal use.
The case, decided yesterday, arises out of an investigation of a drug dealer in the Northern Virginia suburbs.  The 4th U.S. Circuit Court of Appeals [...]

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