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Judge Victor V. Ludwig

Jul 5, 2016

Court Strikes Punitives Claim in Auto Case

An assertion that defendant is a “life-long opiate addict” who knew his withdrawal symptoms during the 48 hours prior to his traffic accident would include confusion, distractability and “overall impairment of driving ability,” does not state a common law claim for punitive damages, an Augusta County Circuit Court says. We are dealing here with a […]

Jun 24, 2016

No punitives claim in ‘drug withdrawal’ case

Alleging a driver knew he was impaired due to drug withdrawal is not enough to sue that driver for punitive damages for rear-ending a school bus, an Augusta County Circuit Court has ruled. The driver was driving on a license suspended because of a marijuana charge, according to pleadings in the case. As a life-long […]

Jun 7, 2016

Judge is critical of restoration rights

An Augusta County circuit judge may have aided political foes of Virginia Gov. Terry McAuliffe with a critical review of McAuliffe’s executive order restoring civil rights for more than 200,000 convicted felons. The judge rejected a criminal defendant’s request to examine juror questionnaires in order to determine whether any felons with recently restored civil rights […]

Mar 27, 2015

Court Rejects Courthouse Move Petition

An Augusta County Circuit Court denies a petition filed by the county board of supervisors to hold a referendum pursuant to Va. Code § 15.2-1652 on moving the county courthouse from Staunton to the county government center complex in Verona, Virginia, as the cited cost of $11.5 million does not include moving the courts not […]

Mar 6, 2015

Lawyers speak out to save old courthouse

The floors creak as you walk downthe hallways. The woodwork is dark and old. Portraits of lawyers and judges from days gone by stare down from the walls. Inside the courtroom, the ceiling and doorways seem impossibly high. The room is large, but its inherent dignity commands quiet as a court session is gaveled to […]

Dec 12, 2013

Loss of nursing license keeps habeas claim alive

An Augusta County woman can pursue her habeas case, even though she completed her jail sentence. Judge Jay T. Swett ruled that her case was not moot, because her conviction resulted in suspension of her nursing license and loss of her job as a nurse. Because she won the habeas case, she expects to get […]

Dec 3, 2012

Administrative denial of adoption subsidy overturned – Verdict for Plaintiffs

Plaintiffs were the foster parents/ prospective adoptive parents of an infant child that had been placed in their home by local DSS days after the child’s birth in April 2009. The birth parents’ parental rights were terminated in March 2010, nearly a year after placement of the child in plaintiff’s home. In July 2010, plaintiffs […]

Nov 30, 2012

Family Gets Adoption Subsidy, Attorney’s Fees

An Augusta County Circuit Court overturns a state agency’s denial of an adoption assistance subsidy to a family that took in an infant, with the intent to adopt him, but who were stymied by the agency’s decision that the family could not seek a subsidy after the child became eligible for adoption because the child […]

Feb 24, 2012

Monday leads in bar nods for appeals court

Roanoke attorney Monica Taylor Monday is the leader in support from Virginia’s statewide bar groups for a seat on the Virginia Court of Appeals. Judge James J. Haley Jr. is retiring in March; leaders of the Senate and House of Delegates sought input from the bar groups on the pending vacancy. Eight statewide bar groups […]

Mar 16, 2011

Subpoena for Work Release Records Quashed

An Augusta County Circuit Court grants the commonwealth’s motion to quash a subpoena duces tecum for a regional jail’s records about use of inmate time, requested by the lawyer who is defending a contractor’s employee on charges that she embezzled money by using prison labor on work release for her personal benefit. Defendant requested information […]

Jan 18, 2010

Civil Procedure – Recusal – Attorney Sanctions

Although an Augusta County Circuit Court has sanctioned a lawyer $2,000 under Va. Code § 8.01-271.1, the judge declines to recuse himself from the case at issue, finding that to do so would be shirking his judicial duties. I believe the lawyer in question would agree that all our contacts prior to Dec. 28, 2009, […]

Jan 11, 2010

Attorneys – Sanctions Under Va. Statute – Tax Assessment Challenge

An Augusta County Circuit Court says a lawyer who misused legal process to challenge real estate tax assessments by suing local supervisors and the commissioner of revenue is sanctioned under Va. Code § 8.01-271.1, and must pay $2,000 for the county’s cost in defending against the frivolous litigation. In the first suit, plaintiff asked the […]

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