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Recent Articles from Correy E. Stephenson
The cost of the wrong case style
A medical malpractice lawsuit filed with the wrong case style has resulted in a $4 million legal malpractice verdict in Richmond Circuit Court. In the underlying med-mal case, the lawyers for an injured teen named her parents as plaintiffs, not her, in a suit brought days before the statute of limitations ran. A refiled suit […]
Plaintiff gets summary judgment … of $11.6M
Years of litigation, an unpaid loan and fraud on the court all added up to more than $11 million awarded by a Gloucester County Circuit judge on a summary judgment motion. The case dates back to 2005, when Meadow Financial LLC loaned money to Gloucester Seafood, a company that packaged the haul of local oystermen […]
Wellness programs could be bad for an employer’s health
But an employer-sponsored wellness program raises a veritable alphabet soup of concerns under federal law.
The VLW High Five: 5 tips for speaking up
Blame the Socratic method. The biggest hang-up lawyers have about public speaking is fear, said University of Virginia School of Law professor Molly Bishop Shadel, who teaches oral advocacy. Coupled with potentially high stakes – a jury trial or a dispositive motion being argued before a judge – some attorneys struggle with oral presentations or […]
New standard set for transfer in tribal custody cases
In a groundbreaking decision addressing the Indian Child Welfare Act, the Virginia Court of Appeals established a new standard for review when a court considers whether to transfer a case to a tribal court. Thompson v. Fairfax County Department of Family Services (VLW 013-7-235) involved an Indian child in foster care whose parents were facing […]
The VLW High Five: 5 Tips to avoid procrastination
It happens to the best of us. Files may be piling up on the desk, but a game of solitaire or a quick Internet search for the best-dressed celebrities at the Emmy Awards gets in the way. Procrastination: We all do it. But “it is definitely more dangerous for a lawyer to procrastinate,” noted Ellen […]
HIPAA time: Covered entities can no longer put off compliance
September has been a busy month for attorneys guiding doctors, hospitals, medical providers and those that do business with them. September 23 marks the enforcement deadline for entities covered by the Health Insurance Portability and Accountability Act under the 563-page omnibus regulations issued by the Health and Human Services’ Office for Civil Rights. The changes […]
Same-sex federal tax filing, employee benefits OK, IRS says
Same-sex couples – and the employers who pay them – still face many questions in the wake of the U.S. Supreme Court’s June decision striking part of the federal Defense of Marriage Act. The Internal Revenue Service has stepped up to provide guidance for same-sex couples on filing federal tax returns, and for employers that […]
Med-mal plaintiff gets $4M verdict
The case began at 2:22 a.m. on Aug. 1, 2010, Richmond attorney Stephanie E. Grana told the jury in her opening statement. That’s the time Sally Arbogast gave birth to a healthy baby girl. But it’s also the time when her pain and bleeding began – and didn’t stop – for several hours. After coding, […]
Till death do us part…or the housing market rebounds
McLean lawyer Joe Condo will never forget January 2009. Usually, the phone rings off the hook in family law practices after the holidays. But that year, there was an eerie silence. Worried, Condo began calling other practitioners and learned they were experiencing a similar phenomenon. The Great Recession was so bad couples were actually waiting […]
Individual or corporate trustee? Lawyers weigh in on the right choice for clients
Clients creating a trust face an important decision: Who should be in charge? While many clients might be inclined to pick a family member, that individual may lack the knowledge and expertise to manage a trust. A corporate trustee can provide the experience but clients may be concerned about cost as well as the lack […]
The VLW High Five: 5 Great Legal Quotations
From Shakespeare to Supreme Court justices to Johnnie Cochran, quotations about the law, lawyers and even specific cases are part of our daily vernacular. It was a challenge narrowing the list down to just five great quotations (apologies to Mark Twain, who had several great law-related comments including, “A good lawyer knows the law, a […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
