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VLW presents the Managing Partners Spotlight
Attorneys are natural leaders within their communities. But it takes a special kind of lawyer to lead other lawyers.
Presumption of ownership: Possession settles family feud over iconic illustrations
A man whose grandfather was gifted four illustrations by Norman Rockwell had superior title after he obtained possession of them following their loan to the White House by his deceased mother, the Eastern District of Virginia has held.
Court rejects paralegal’s invocation of privilege
A federal court denied in part a motion to quash filed by a man who allegedly worked as a paralegal for defendants’ counsel in a civil suit, finding that paralegals may not assert attorney-client privilege on behalf of their clients.
‘Unamendable’: Expired filing deadline bars personal injury claim
A trial judge made no error dismissing a plaintiff’s refiled personal injury action against a deceased defendant who was represented by an insurer acting in her name, the Court of Appeals of Virginia ruled.
Writ of possession wrongly granted
A circuit court improperly granted a writ of possession to the U.S. Secretary of the Department of Veterans’ Affairs despite the defaulted borrower’s challenge to valid title based on her allegations of constructive fraud, the Court of Appeals of Virginia has held.
‘Go To Lawyers’ for medical malpractice announced
Virginia Lawyers Weekly is pleased to announce the “Go To Lawyers” for medical malpractice, for both plaintiffs’ and defense side.
Reasonable defense warranted withdrawal of child neglect plea
A circuit court improperly refused to allow a mother to withdraw her no contest plea to felony child neglect after her prior counsel failed to inform her that lack of intent was a reasonable affirmative defense, the Court of Appeals of Virginia held.
Lienor entitled to unclaimed surplus of judicial sale
A lienor was entitled to the surplus proceeds of a judicial sale once the city’s delinquent tax lien was satisfied and no other creditors made timely claims, the Supreme Court of Virginia has held, reversing a trial court’s decision.
Court trims damages in subcontractor’s suit
A federal court has partially granted a Norfolk contractor’s motion to dismiss after a subcontractor sought to recover additional monies related to COVID-19 and delay-related expenses.
Unenforceable restraint a plea of general issue
An unenforceable restraint plea in bar against a misappropriation of trade secrets lawsuit was a “forbidden plea of the general issue” because it attacked a fact the plaintiff would be required to prove at trial, rather than a special plea, a Fairfax County Circuit Court judge has held.
Expired: COVID-19 tolling period only applies after action accrued
A plaintiff whose cause of action accrued during the COVID-19 judicial emergency in 2020 is only entitled to the tolling period after the cause of action accrued, the Fairfax County Circuit Court found in a case of first impression.
Challenge to validity of mechanic’s lien waived
A restoration company’s recorded mechanic’s lien was valid and enforceable after the Norfolk Circuit Court found the homeowner had waived her ability to challenge whether the asserted sums due predated the 150-day statutory limitations period.
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
