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Entries from June 2007

Senators back five for 4th Circuit

June 14th, 2007 · 1 Comment · 4th Circuit

Virginia’s U.S. senators, John Warner and Jim Webb, have recommended five candidates to President Bush for two pending seats on the 4th U.S. Circuit Court of Appeals, reports The Associated Press.
They are U.S. District Judge Glen E. Conrad, Virginia Supreme Court Justices G. Steven Agee and Donald W. Lemons, University of Richmond law Professor […]

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Gov. Kaine delays Danville man’s execution

June 13th, 2007 · No Comments · Criminal Law, Daath Penalty, Gov. Kaine

Just hours before Christopher S. Emmett was scheduled to die for beating a co-worker to death while stealing money for drugs, Gov. Tim Kaine granted him a reprieve, reports The Associated Press.
The governor said he wants to give the U.S. Supreme Court until Oct. 17 to consider granting Emmett’s appeal.
Emmett is claiming his […]

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Workers’ comp: Neck claim came too late

June 13th, 2007 · No Comments · Workers' comp

Foot bone connected to the leg bone. Leg bone connected to the knee bone.
You could almost hear the Court of Appeals humming “dem bones, dem bones, dem dry bones” when they decided a workers’ comp case yesterday.
Under Virginia workers’ comp jurisprudence, the hip bone is not connected to the back bone, and the shoulder bone […]

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Election roundup

June 13th, 2007 · No Comments · Elections, General Assembly

Yesterday was primary day across Virginia, with turnout at pitifully low levels. Among the results:
McEachin beats Lambert. Longtime Democratic Sen. Bennie Lambert of Richmond endorsed former U.S. Sen. George Allen last fall, and he paid for it last night. Trial lawyer Donald McEachin, the Dems’ 2001 nominee for Attorney General, gave up his House seat […]

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Justice Lacy to retire

June 10th, 2007 · No Comments · Supreme Court of Virginia

Justice Elizabeth B. Lacy, the longest serving member of the Supreme Court of Virginia, has told her colleagues that she will retire in August.
Lacy made the announcement Friday at the end of the court’s June argument week. She said she intends to continue to serve as a senior justice, participating on three-justice panels that decide […]

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The weekly recap

June 8th, 2007 · No Comments · Weekly Recap

The following selected stories appeared in the Virginia Lawyers Weekly Daily E-Mail Alert from June 5 to June 8. The originating source of a story is indicated after the item. Please note that not all links may remain active. If you are not presently receiving the Daily Alert, please click here to sign up.June 5
Rep. […]

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Damages: First see the jury, then apply the cap

June 8th, 2007 · No Comments · Damages, Virginia Tort Claims Act, personal injury

Personal injury defendants enjoy the protection of certain caps on damages in Virginia. At times, defendants have been able to invoke that protection sooner, rather than later, by getting trial courts to reduce ad damnum clauses to cap levels before a case ever goes to the jury.
But the Supreme Court of Virginia today rejected one […]

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Supreme Court reverses commonwealth cases

June 8th, 2007 · No Comments · Supreme Court of Virginia

It was a bad day for the commonwealth in the Supreme Court of Virginia.
The high court reversed seven lower court rulings in favor of the state, including four criminal cases, a sexually violent predator designation, an analysis of the “good cause” requirement for a change of name by a prison inmate, and an interpretation of […]

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So you want fries with that?

June 7th, 2007 · No Comments · Civility, bankruptcy

There is a legal story that’s been floating around the Internet that is worth pulling to ground and blogging about.
Last month a lawyer from a big firm in Chicago was handling a case in federal bankruptcy court in Miami. Lawyer is head of the bankruptcy section of said big firm.
The judge holds an […]

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Acceptance of check moots suit

June 7th, 2007 · No Comments · Circuit Courts, Harrisonburg, personal injury, verdicts and settlements

By accepting a $2,000 check from the defendant to cover medical bills, the plaintiff is not entitled to the $800,000 he later sought in a personal injury lawsuit.
A Rockingham County Circuit Court jury returned a defense verdict in the case of Shifflett v. Shifflett, based on accord and satisfaction.
The suit stemmed from injuries received at […]

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