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Entries from June 2012

Former attorney sentenced to nearly four years in prison

June 8th, 2012 · Comments Off · Criminal Cases, Federal Courts, Judge Henry E. Hudson

Former Richmond lawyer Bradley D. Wein has been handed a 45-month prison sentence based on phony letters he created to legitimize his use of a client’s money. Wein was hired by an elderly woman in 2005 to handle legal and financial matters. Authorities accused him of using her credit cards without authorization to pay his [...]

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Case discussion OK on lawyer blog

June 5th, 2012 · 2 Comments · Bar Associations

A lawyer did not violate an ethics rule when he wrote about his cases on the Internet without client consent, a three-judge panel said today. The panel overturned a district discipline committee’s finding of misconduct under Rule 1.6, which governs confidentiality of information. In a decision announced by Portsmouth Circuit Court Judge Kenneth R. Melvin, [...]

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Man’s appeal raises ‘Hernandez’ issues

June 5th, 2012 · Comments Off · Judges

The Supreme Court of Virginia has agreed to consider a case involving a judge’s discretion in taking a DWI charge under advisement and substituting a different charge in the ultimate finding of guilt. The underlying criminal case in Kelley v. Stamos arose before the touchstone case of Hernandez v. Com. was decided by the Supreme [...]

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Supreme Court to review tangled ‘Lester’ case

June 5th, 2012 · Comments Off · Uncategorized

The 2010 Charlottesville trial that led to a record wrongful death verdict and the apparent retirement of a prominent personal injury lawyer will be scrutinized by the Supreme Court of Virginia. The court has granted appeals sought by both sides in the case arising from the 2007 death of a 25-year-old nurse whose car was [...]

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Judge takes away $212M Botox verdict

June 5th, 2012 · 2 Comments · products liability, U.S. District Court

Richmond U.S. District Judge Robert E. Payne said courtroom security video helped him decide that a trial that produced a $212-million verdict against a Botox manufacturer was unfair. Payne has vacated the 2011 jury verdict and ordered a new trial. The decision turned on hand gestures used by the plaintiff’s lawyer in closing arguments. The [...]

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AG: Local laws cannot target political signs

June 4th, 2012 · Comments Off · General Assembly

Virginia Attorney General Ken Cuccinelli says local laws imposing special restrictions on temporary political signs are invalid. “Any ordinance that places heavier burdens or greater restrictions on temporary political signs than are placed on any other temporary signs is invalid,” Cuccinelli said in an official opinion letter dated June 1. The opinion was in response [...]

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‘Drive-By’ discovery meetups in federal cases

June 1st, 2012 · Comments Off · Uncategorized

There’s nothing like a government study to confirm the conventional wisdom. Lawyers who practice in federal court likely already know it helps to talk to the lawyer on the other side to plan how to proceed with discovery. Quickie confabs with opposing counsel are the norm, for lawyers in federal court who have to plan [...]

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Petersburg gets new J&DR judge

June 1st, 2012 · Comments Off · JUDGESHIPS, Juvenile Court

Relief is on the way for one of the most overworked courts in the state. Judges of Virginia’s 11th Circuit, including Petersburg and four nearby counties, have selected Petersburg lawyer Phillip T. DiStanislao Jr. for the Juvenile and Domestic Relations bench, according to an official at the state Supreme Court. The J&DR vacancy in the [...]

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High court will study caseload comparisons

June 1st, 2012 · Comments Off · Judges, Supreme Court of Virginia, Virginia Court of Appeals

Virginia judicial leaders are getting ready to take a close look at how busy the state’s judges are. Supreme Court Chief Justice Cynthia D. Kinser has appointed an 18-member advisory committee to assist the court in its General Assembly-mandated study of trial court caseloads. At the same time, the Judicial Council of Virginia will measure [...]

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Rules of Evidence posted

June 1st, 2012 · 1 Comment · Evidence, Rules of Court

The Supreme Court of Virginia has posted the new Rules of Evidence online as a 27-page PDF file. The Virginia Rules of Evidence, approved in a stormy legislative session, take effect July 1. Because the rules reflect an effort to simply state existing Virginia law, no major change in practice is anticipated. An official set [...]

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