The VLW Blog

Here’s a DUI defense we haven’t seen before: the Flip-Flop Defense.
A York County driver claimed that as he drove out a restaurant parking lot, he got his flip-flop wedged against the accelerator, causing his 1999 Chevy Blazer to go out of control and flip onto its roof. A modern-day multi-tasker, Kegan Bilger also [...]

[Read more →]

An employer did not forfeit coverage for an employment discrimination suit when it waited until a legal complaint hit the court to notify the carrier.
The insurance company, Philadelphia Indemnity, refused to defend the eventual suit. It said the employer had an obligation to report the employee’s accusations after the employer had been contacted by [...]

[Read more →]

With headlines about child abuse allegations coming from Penn State and Syracuse University, it’s no surprise to see legislation designed to insure that similar incidents don’t happen here.
Del. Robert G. Marshall, R-Manassas, has introduced some of the first legislation of the 2012 General Assembly session, two bills that would amend Virginia Code § 63.2-1509, [...]

[Read more →]

Del. Clay Athey has been nominated by fellow legislators for a seat on the 26th Judicial Circuit bench.
Athey, a Front Royal attorney, did not seek re-election to the House this year. He is being nominated for the vacancy left by this year’s retirement of Judge John Prosser of Winchester.
Del. Steven Landes, R-Weyers Cave, tells the [...]

[Read more →]

A permanent spousal support award cannot be explicitly pegged to the local formula used for temporary support, the Virginia Court of Appeals said today.
An appeals court panel reversed a wife’s monthly support award of $4,159 because the record did not show the Henrico County Circuit Court actually fixed the amount of support after weighing the [...]

[Read more →]

Both the judge and the prosecutor had conflicts of interest in their handling of the case of a Williamsburg lawyer charged with a DUI, according to a substitute prosecutor involved in the case.
Charles City County Commonwealth’s Attorney Robert Tyler cried foul about a June hearing in which Circuit Judge Samuel Powell effectively dismissed one charge [...]

[Read more →]

The Supreme Court of Virginia will be asked to review a hard-fought Charlottesville wrongful death case where the judge slashed a death verdict by more than $4 million and imposed a record-breaking sanctions award against a plaintiff’s lawyer.
Both sides have filed notices of appeal in the case of Lester v. Allied Concrete Co., according to [...]

[Read more →]

Former lawyer Kyle Leftwich, who was convicted of keeping fees from social security cases she was expected to share with her partners, was sentenced to more than three years in prison. But Henrico County Circuit Judge L.A. Harris Jr. allowed her to remain free pending appeals.
Leftwich was convicted in September of embezzling $450,000 from [...]

[Read more →]

Greater collaboration between campus and local police departments is needed when investigating major crimes at Virginia colleges, a Virginia State Crime Commission panel concluded.
At a meeting earlier today, the commission agreed to explore possible legislation that would mandate “mutual aid agreements” between jurisdictions.
The discussion addressed the debate surrounding House Bill 2490, which was introduced in [...]

[Read more →]

The Virginia Court of Appeals today upheld a Fairfax circuit judge’s decision that it had no authority to vacate a guilty finding for a drug defendant, suspend sentencing and allow for a final disposition that would avoid a conviction.
Brandon P. Epps pleaded guilty to possession of a controlled drug in violation of Va. Code § [...]

[Read more →]