Weekly Edition
The coming fight over nursing home arbitration agreements
By Peter Vieth
April 21, 2008
Despite recent national attention to the issue of patient arbitration agreements, Virginia so far has avoided legal controversy over the efforts by some medical providers to keep disputes over medical care out of the courts.
In 2004 and again in 2005, Virginia circuit judges rejected efforts by nursing homes to force medical malpractice claims into binding […]
Fair Credit claims prompt $20M class action settlement
By Alan Cooper
April 21, 2008
Telespectrum, a company that operates call centers, took over a Hampton Roads operation in 2005 and ordered background checks on its new employees.
About 30 reports showed felonies that required dismissal of the employees under Telespectrum’s personnel policies. Several employees insisted their records were wrong, and some of them were allowed to return to work after […]
Court: Delay Web discipline postings
By Alan Cooper
April 21, 2008
The Supreme Court of Virginia has told the Virginia State Bar that the bar should not post disciplinary information about a lawyer on its Web site until the time for filing any appeal has expired.
But the VSB has responded that the restriction on Web site postings is inconsistent with 2001 rule changes that made […]
VLW debuts a new Web site
By Paul Fletcher
April 21, 2008
Virginia Lawyers Media is proud to announce the debut of a new Web site for our flagship legal newspaper, Virginia Lawyers Weekly.
The address is the same, www.valawyersweekly.com, but the look and feel are designed to make using the site even easier.
The new home page has three sections: news, opinions and community. The latest […]
Claim against elevator company can proceed
By Peter Vieth
April 21, 2008
A defendant elevator maintenance company cannot escape liability for an elevator accident by arguing that its duty was limited to the terms of its contract with the defendant building owner. That was the ruling by Henrico Circuit Judge Catherine C. Hammond in a recent case involving injuries from a malfunctioning elevator at the Richmond […]
‘Miranda’ warnings can expedite ex parte contact
By Deborah Elkins
April 21, 2008
An employee claims she was fired when male coworkers were kept on after comparable misconduct. Her lawyer wants to talk to the employer’s former human relations manager about what happened.
Under Virginia rules, a defendant employer can’t necessarily stop the lawyer from talking to the HR manager. But there are limits to what they can talk […]
Writing a ‘mental health’ policy for your firm
By Nancy Byerly Jones
April 21, 2008
By Nancy Byerly Jones
Alcoholism, substance abuse and depression among attorneys usually receive the most attention at CLE programs and in publications.
This makes sense in light of the continuing (and alarming) rise in the numbers of individuals suffering from these impairments. But what we don’t hear enough about are the more subtle impairments that many […]
Obituary
By Alan Cooper
April 21, 2008
John W. Scott Jr.
John W. Scott Jr., one of six students who integrated a Fredericksburg high school and later the area’s first black judge, died Wednesday, a day after having eye surgery at Johns Hopkins Hospital in Baltimore. He was 59.
According to The Free Lance-Star, Judge Scott had planned to retire next month after Jeffrey, […]
Transfer of Dulles Toll Road challenged in Supreme Court
By News in Brief
April 21, 2008
The same court that two months ago struck down Virginia’s regional transportation financing plans is now considering a similar case challenging the state’s planned transfer of the Dulles Toll Road to the Metropolitan Washington Airports Authority.
The Virginia Supreme Court heard arguments last week in a lawsuit filed by two northern Virginia residents against state […]
Webb files bill clarifying privacy of student records
By News in Brief
April 21, 2008
Virginia Sen. Jim Webb last week introduced legislation aimed at easing school officials’ concerns over when it is appropriate to disclose student records.
Webb’s announcement comes almost a year after a disturbed gunman killed 32 students and himself at Virginia Tech. It addresses one of the key issues raised by a panel formed by Gov. […]
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