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Awareness and action: Well-Being Week in Law returns
At the 2016 American Bar Association Annual Meeting in San Francisco, leaders of three national legal organizations met in an empty conference room to discuss two studies that found high rates of depression, anxiety and excessive drinking among America’s legal professionals. That discussion led to the creation of the National Task Force on Lawyer Well-Being, […]
‘Express purpose’ not ‘sole purpose
The 4th U.S. Circuit Court of Appeals has upheld the dismissal of a military servicemember’s claim that the financing of additional insurance as part of his car loan wasn’t for “the express purpose” of purchasing the car and, thus, was subject to the Military Lending Act, or MLA. On appeal, the servicemember argued that the […]
Lack of medical evidence makes cross-examination relevant
A vocational expert who opined that a truck driver was “vocationally 100 percent disabled” may be cross-examined about his failure to consider the driver’s vision difficulties when calculating his work life expectancy, the Western District of Virginia has held. Arguing that there wasn’t any medical evidence to support an inference that his visual dysfunction reduced […]
Sour result: No pre-litigation attorneys’ fees under lemon law
A car manufacturer didn’t violate Virginia’s “Lemon Law” statute when it offered a refund to a dissatisfied purchaser but refused to pay for all of their pre-litigation attorneys’ fees, the Supreme Court of Virginia has held. Consumers who prevail in a civil action under the Lemon Law statute can recover attorneys’ fees, but “[i]f there […]
‘Half-hearted’ response: Sex harassment claims vs. school board survive
Allegations by female high school students that a school board and administrators ignored the sexual harassment and grooming behavior of a male employee have stated plausible Title IX and civil rights violations, the Western District of Virginia held. U.S. District Judge Elizabeth K. Dillon said the students sufficiently alleged that the school board knew of […]
Psychological reports open to public inspection
In a matter of first impression, the Fairfax County Circuit Court ruled that psychological reports from a sanity evaluation that have been admitted into evidence in support of an uncontested not guilty by reason of insanity plea “should be, and hereby are, open to public inspection.” “Because the Defendant in this case has not overcome […]
Court: No ‘good faith exception’ to workers’ compensation requirement
There is no “good faith exception” when it comes to hand-delivering a list of employer-approved doctors to an employee with compensable injuries as required by the Workers Compensation Act, the Court of Appeals of Virginia has held. The Virginia Workers’ Compensation Commission agreed with the employer’s argument that it shouldn’t be responsible for the employee’s […]
Fairfax Bar offering free CLE on suicide prevention
In a landmark 2016 study supported by the American Bar Association, 11.4% of responding practicing attorneys reported suicidal thoughts during some portion of their legal career. Since the study’s publication, many groups in the legal profession have sought to address mental health concerns within the profession, most notably with the annual Lawyer Well-Being Week held […]
Virginia’s Go To Lawyers for Business Litigation
Virginia Lawyers Weekly is pleased to present the next group of honorees in our program recognizing the leading lawyers in a particular field of law. In this edition, we showcase “Virginia’s Go To Lawyers” for business litigation. The attorneys featured on the following pages were nominated by their colleagues and chosen by a panel from […]
Innovative or invasive? Practitioners sound off on nonlawyer ownership of law firms
The Virginia State Bar’s Special Committee on Technology and the Future of Law Practice reported in 2022 that an emerging market of legal service providers owned by nonlawyers “may be here to stay.” Only two states currently allow nonlawyers to own law firms, otherwise known as alternative business structures, or ABS. Washington, D.C., has allowed […]
Federal court tosses ‘Voltswagen’ fraud suit
In the wake of “Dieselgate,” Volkswagen is defending against another class action suit — this time by investors claiming they were misled when the company announced it was changing its name to “Voltswagen,” and later revealed it was an April Fools’ prank. The Eastern District of Virginia found that the complaint stated a plausible securities […]
Packing car is use of motor vehicle
A man who was injured while packing his car in a Fairfax County hotel parking lot after a gust of wind pushed a luggage cart into him will be covered by his auto insurance policy for his injuries. The Court of Appeals of Virginia made the determination in United Services Automobile Association v. Estep (VLW […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Are you or your law firm cutting back on holiday gifts to clients, colleagues or associates?
- Yes, times are tough (78%, 29 Votes)
- No, it's business as usual (22%, 8 Votes)
Total Voters: 37
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