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Recent Articles from Peter Vieth
Judges have free hand on Medicaid lien reduction
Virginia trial judges have broad discretion in reducing Medicaid liens when a personal injury case produces less than a full recovery, the Supreme Court of Virginia has ruled in a decision that refocuses attention on the complex Medicaid reimbursement issue. Under the court’s ruling, a severely injured plaintiff was ordered to pay nearly a quarter […]
Mandatory IOLTA adopted to support legal aid
After 27 years, Virginia again will require lawyers to participate in the program that funnels interest on lawyer trust accounts, or IOLTA, to legal aid offices. The program has been voluntary since 1995, but becomes mandatory July 1 under a Supreme Court of Virginia order. Virginia will be the 46th state to require lawyers with […]
Drivers to get full benefit of UIM coverage
Starting next year, most Virginia drivers will have access to the full amount of their underinsured motorist coverage, regardless of the amount of liability insurance available from another driver. The General Assembly approved a change that as of July 2023 will remove Virginia’s longstanding “credit” or “offset” for available liability coverage that reduces or eliminates […]
Unfinished business: Assembly departs without filling Supreme Court seats
The Virginia General Assembly ended its regular 2022 session on March 12 without electing judges to fill two openings on the Supreme Court of Virginia. Legislators did elect 30 trial court judges late in the session. They also clashed over a senator’s opposition to a retired substitute judge. The Supreme Court impasse was part of […]
Virginia medical malpractice cap endures
Despite pressure for reform in both the state Capitol and a federal courtroom, Virginia’s steadily rising medical malpractice cap remains unaltered. A proposal to create an exception for cases of severe injury foundered Feb. 7 when veteran state legislators refused to renege on a 2011 agreement to leave the cap in place until 2030, and […]
Two lawyers disbarred for preying on elderly clients
Two Virginia lawyers have been stripped of their licenses for taking advantage of elderly clients. Each contested a lengthy list of alleged ethics violations, but both lost their battles with the Virginia State Bar. One lawyer was found to have crafted a will leaving the bulk of a widow’s $1.7 million estate to himself. The […]
Race bias claim advances
A series of insults and racially charged jokes described in a race discrimination lawsuit were enough to move a former employee’s lawsuit forward in Roanoke federal court last month. U.S. District Judge Thomas T. Cullen denied a motion to dismiss the employee’s essential claims based on Title VII and 42 U.S. C. § 1981. Cullen […]
United front defeats bar discipline overhaul
Several Virginia bar organizations spoke as one this month to help block a proposal to turn lawyer discipline decisions over to a General Assembly-appointed commission. A bill to create an independent “jury” to hear lawyer ethics complaints foundered when six voluntary bar organizations joined the Virginia Supreme Court and the Virginia State Bar to oppose […]
Plan would allow bar exam before graduation
The Virginia Board of Bar Examiners says law students should be able to sit for the bar exam in their last semester of law school. The change would give debt-saddled students a head start on earning an income after graduation, says VBBE president Anita O. Poston. “Our Virginia students are behind the eight ball in […]
Privacy or secrecy? Legislators want more info on judges they select
Some of the legislators who elect and re-elect the judges of Virginia’s trial and appellate courts say they wish they had more access to information locked away in government file cabinets. One state senator wishes legislators could see more reports on judges’ performance surveys filled out by lawyers and others. Another state senator says the […]
Senator proposes revamp of lawyer discipline system
A state senator says Virginia lawyers deserve a more independent ear when they fight against Virginia State Bar ethics charges. The VSB retorts that the Jan. 12 proposal from Sen. Chap Petersen favors accused lawyers at the expense of protecting the public and would make Virginia the only state to hold lawyer discipline cases before […]
Three judges passed over in Assembly action
Three judges up for re-election to new terms on the bench were left off the list of judges winning early-session General Assembly approval Jan. 24. Any of them could be approved for new terms later in the session. Legislators removed Chesterfield County Circuit Judge Lynn Brice, Loudoun County Circuit Judge Jeanette Irby and Fairfax County […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
