News Stories

May 1, 2023

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, […]

May 1, 2023

‘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 […]

May 1, 2023

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 […]

May 1, 2023

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 […]

Apr 24, 2023

‘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 […]

Apr 24, 2023

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 […]

Apr 24, 2023

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 […]

Apr 20, 2023

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
Apr 17, 2023

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 […]

Business owners meeting in conference room
Apr 17, 2023

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 […]

Electric vehicle at charging station
Apr 17, 2023

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 […]

Driver loading luggage into trunk of car
Apr 17, 2023

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 […]

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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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