http://www.valawyersweekly.com/opiniondigests Thu, 02 Jul 2009 13:40:58 +0000 http://backend.userland.com/rss092 en Virginia’s bifurcated trial statute did not require prosecutors to provide advance notice of intent to use a DUI defendant’s DMV record at sentencing; the Court of Appeals says a traffic statute controls instead. Ngomondjami v. Commonwealth (VLW 009-7-275) (10 pp.) http://www.valawyersweekly.com/opiniondigests/2009/07/02/traffic-offenses-bifurcated-trial-notice-dna-in-traffic-court/ A contract’s limitation-of-liability clause will not protect a Virginia telecom company from a New Jersey company’s business conspiracy suit, as a Roanoke U.S. District Court predicts how the Supreme Court of Virginia would handle the clause. All Business Solutions Inc. v. NationsLine Inc. (VLW 009-3-370) (16 pp.) http://www.valawyersweekly.com/opiniondigests/2009/07/01/tort-telecom-company-can-sue-for-business-conspiracy/ The government’s certification of a double-pontoon vessel to carry 25 persons does not mean Federal Tort Claims Act liability for passenger deaths after the vessel capsized, as the government’s “stability proof tests” come under the discretionary function exception federal tort liability. Indemnity Insurance Co. of North America v. U.S. (VLW ... http://www.valawyersweekly.com/opiniondigests/2009/06/30/tort-government-not-liable-for-stability-test/ An affidavit saying a woman had seen her boyfriend “with other stolen property” lacked detail about when and what, and a Norfolk Circuit Court suppresses the evidence seized from defendant’s home. Commonwealth v. Fuller (VLW 009-8-130) (7 pp.) http://www.valawyersweekly.com/opiniondigests/2009/06/29/search-seizure-vague-affidavit-cannot-support-warrant/ An affidavit stating that a woman had observed her boyfriend “with other stolen property in his possession” lacked necessary specific detail such as when the conduct took place or what items she had observed, and a Norfolk Circuit Court suppresses the evidence seized from defendant’s home. The affidavit in the instant ... http://www.valawyersweekly.com/opiniondigests/2009/06/29/search-seizure-invalid-warrant-affidavit-specificity/ The estate of a railroad worker who settled his 1996 asbestosis suit against defendant railroad for $6,500 is not barred under federal railroad law or the terms of his earlier release from now suing the railroad under the Federal Employers Liability Act from suing the railroad after the railroad worker ... http://www.valawyersweekly.com/opiniondigests/2009/06/29/negligence-fela-wrongful-death-release/ Although parents had joint legal custody of their three-year-old daughter, a Fairfax Circuit Court awards mother sole authority over health and medical decisions for the child, including a right to assert the religious exemption to mandatory childhood immunizations in Va. Code § 32.1-46(D)(1). The child has had no immunizations thus far. ... http://www.valawyersweekly.com/opiniondigests/2009/06/29/domestic-relations-custody-childhood-vaccinations-medical-decisions/ The Court of Appeals reverses a defendant’s conviction for driving under suspension in violation of Va. Code § 46.2-301, as the trial court erred in not granting defendant’s instruction that he drove within the conditions of a valid restricted operator’s license. The defense argued that he was driving under a valid ... http://www.valawyersweekly.com/opiniondigests/2009/06/29/traffic-offenses-driving-under-suspension-jury-instruction/ The Court of Appeals overturns a trial court’s suppression order, as the trial court erred in ruling that the police traffic checkpoint was faulty because the patrol supervisor had too much discretion. In this case, the patrol supervisor first selected the date and time for the checkpoint to ensure the availability ... http://www.valawyersweekly.com/opiniondigests/2009/06/29/traffic-offenses-dui-traffic-checkpoint/ A father cannot overturn a trial court decision that considered a report from a guardian ad litem and ordered father to pay $5,000 of mother’s attorney’s fees and to pay the GAL fees, and the Court of Appeals summarily affirms the trial court decision. Father admitted that he did not like ... http://www.valawyersweekly.com/opiniondigests/2009/06/29/domestic-relations-visitation-gal-fees/