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Lengthy Record Supports Jail Time
A defendant who was convicted for driving after being declared an habitual offender after he was observed by an officer causing a minor traffic accident and had a BAC of .08, and who was sentenced to five years, with two years and six months suspended, is not entitled to a sentence reduction, a Fairfax Circuit […]
Ex-Wife, Not Widow Gets Federal TSP
Although plaintiff and decedent husband divorced in 1995 and in 2000, decedent designated defendant, his widow, as beneficiary of his federal Thrift Savings Plan benefit, that designation was invalid because it could not be witnessed by defendant who was a beneficiary, and plaintiff is entitled to the TSP benefits; in a case of first impression, […]
Supreme Court pushes ‘Hernandez’ envelope
In a new decision on a highly charged issue, the Supreme Court of Virginia has taken a broad view of a trial judge’s inherent authority to consider different outcomes for those who plead guilty to criminal charges. The high court said on Jan. 10 that a trial judge can convict a criminal defendant of a […]
Faulty Sign Means No HOV Conviction
A Fairfax Circuit Court finds defendant not guilty of driving a motor vehicle in a designated High Occupancy Vehicle lane under Va. Code § 33.1-46.2, as the HOV lane was not appropriately marked and the terms of the HOV restrictions “plainly posted,” as required by Va. Code § 33.1-46.2. In essence, the commonwealth’s argument is […]
Vague highway sign brings win for HOV driver
A motorist who said he was misled by a confusing highway sign has managed to beat a traffic ticket for driving solo on a Northern Virginia high occupancy highway. In a 12-page opinion, Fairfax County Circuit Judge Randy I. Bellows acquitted driver Brian Patton, who said he had never heard of a highway where the […]
Marriage with Late License is Void
Although a rabbi who performed a couple’s wedding ceremony received and signed their marriage license two weeks after the ceremony, their marriage is void, says a Fairfax Circuit Court. A marriage ceremony without a marriage license has no legal effect. Similarly, a marriage license without a marriage ceremony has no legal effect. That the parties […]
No license before ceremony voids couple’s marriage
In 2002, a couple in Northern Virginia were married, or at least they thought they were married. In 2011, the wife filed for divorce and for the next two years, they battled through the courts with numerous hearings, discovery dustups and several amended complaints and counterclaims. Then, earlier this year, the husband hit on a […]
Economic Loss Rule Bars Fire Loss Claim
A construction company sued by an insurance carrier that covered homeowners’ fire loss allegedly caused by a faulty light fixture cannot bring cross-claims for breach of warranty against the manufacturer of the light fixture’s light switch; the Fairfax Circuit Court says the cross-claims are barred by the economic loss rule. Nationwide Mutual Insurance, as subrogee […]
Overtime Complaint Not ‘Good Cause’ to Quit
An employee who was unhappy with working more than 40 hours in a week without overtime pay and who quit instead of complying with her supervisor’s request to complete a “paid time off” form after taking a sick day, did not show good cause to quit, and the Fairfax Circuit Court affirms denial of unemployment […]
Driver’s License Revoked for Federal DUI
A Fairfax Circuit Court says the federal DUI statute to which defendant pled guilty substantially parallels Virginia’s DUI statute, Va. Code § 18.2-266, and the court rejects the driver’s petition asserting it was error for Virginia to revoke his Virginia driver’s license for the federal conviction. The court finds the Commissioner of Motor Vehicles did […]
Rules of Evidence a ‘sea change’ for trial practice
Judging from the recent buzz, it looks like Virginia lawyers are just beginning to grapple with the difference the new Virginia Rules of Evidence, effective July 1, will make at trial. The new Rules represent a “sea change” in trial practice, according to one expert. Having a black-and-white rule in an evidence code will put […]
Plaintiff claimed unauthorized practice of medicine to avoid the cap – Defense Verdict
James Planicka, DDS, suffered a severe heart attack in 2005 at age 65, after which he received an implantable cardioverter defibrillator (ICD). In May 2010, at age 70, he presented to Inova Fairfax Hospital for replacement of the ICD generator. The attending anesthesiologist and Certified Registered Nurse Anesthetist (CRNA) met with the patient before the […]
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
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