Weekly Edition
CLOSED for business
By Peter Vieth
July 21, 2008
Facing a staff shortage and without funds for new hiring, the Fredericksburg Circuit Court Clerk has decided to close the clerk’s office to the public two afternoons a week to catch up on paperwork.
Clerk Sharron S. Mitchell is closing the doors to her office at noon on Tuesdays and Thursdays. During those […]
Client had oral contract, lawsuit was filed too late
By Deborah Elkins
July 21, 2008
Lawyers like retainer agreements because they offer protection when things go wrong with a client.
But having no written agreement meant one former Virginia lawyer caught a break when a client sued for legal malpractice. The lawyer sought shelter in the shorter statute of limitations that applies to oral contracts under Virginia law.
An Alexandria federal district […]
Prosecutors on the spot
By Alan Cooper
July 21, 2008
Prosecutors have extraordinarily broad discretion in criminal cases but none at all under Virginia Code § 58.1-3003. That law requires a commonwealth’s attorney to appeal “an order for the imposition of taxes” by a local governing body if he receives a petition signed by one percent of the voters in a locality.
The statute has been […]
Gloucester political brouhaha prompts five indictments
By Peter Vieth
July 21, 2008
Public outcry over a heavy-handed political turnover in a suburban Tidewater county led this month to a strongly worded special grand jury report and the misdemeanor indictments of five public officials.
Now, as the Gloucester County commonwealth’s attorney prepares for criminal trials of fellow elected officials, citizens are circulating petitions to recall four members of the […]
Lawyers in the News
By Sarah Rodriguez
July 21, 2008
Ted G. Yoakam has become a shareholder in the Virginia Beach law firm of McKenry, Dancigers, Dawson & Lake PC. Yoakam will manage the medical malpractice section of the firm and continue his civil litigation and appellate practice in both federal and state courts.
He earned his undergraduate degree at Saint Vincent College in 1983 and […]
Recruiter’s nonsolicit pact too broad, arbitrator says
By Alan Cooper
July 14, 2008
A provision that barred a former employee from soliciting any customer the employee “had contact with, knowledge of, or access to” for 12 months after termination of employment invalidated an otherwise enforceable nonsolicitation agreement, an arbitrator has ruled.
The covenant became an issue after Tammy Rowe left her employment with Management Recruiters of the New River […]
Blank seeks VSB post
By Alan Cooper
July 14, 2008
Irving M. Blank, a Richmond attorney and a member of the executive committee of the Virginia State Bar, has circulated a petition to be named president-elect of the VSB.
VSB bylaws require candidates for the position to submit a petition with the names of 50 attorneys by Oct. 1. The bylaws also require the candidate to […]
Teen drinking party not ‘emergency’
By Alan Cooper
July 14, 2008
A deputy sheriff who entered the unlocked door of a home and shone a flashlight on the face of a sleeping 10-year-old must stand trial on an allegation that he violated the constitutional rights of the homeowners, a federal judge ruled July 3.
Defense attorneys had contended that Sgt. J.A. Wood was protected by the emergency […]
Army looks to modernize handling of soldier remains
By News in Brief
July 14, 2008
PETERSBURG—The Army is modernizing how it handles dead soldiers’ remains for the first time in several decades as the increasing number of military fatalities has given more urgency to the issue.
Mortuary-affairs officials are focusing on the service’s ability to perform work on remains contaminated in chemical, biological or nuclear incidents, and improving methods to preserve […]
Police identify man shot by officer at his apartment
By News in Brief
July 14, 2008
FAIRFAX—County police have identified a 54-year-old man who died after being shot by police in Oakton as David Michael Przewlocki.
Police say about 11:30 p.m. Saturday officers responded to a report of an apparent suicidal man at Summit Square Drive. Police found Przewlocki outside his apartment on the sidewalk.
Officers told Przewlocki to put down the gun […]
IMPORTANT OPINIONS
- Intellectual Property - Consumer Web Site – Auto Dealer Feedback – Immunity
- Contract - Government Contract – UCITA – Pay-If-Paid Clause
- Consumer Protection - Arbitration – Credit Increase Limit – Request Denial
- Domestic Relations - PSA – Duress
- Civil Procedure - Default Judgment – Deemed Admissions – Musical Acts
- Criminal - Firearm Charge – Prior Felony Offense