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Legal Malpractice Claim Barred by Virginia Statute of Limitations

In Van Dam v. Gay, No. 091659 (Va. Sept. 16, 2010), the Court affirmed the trial court’s award of summary judgment to an attorney in a legal malpractice case based on the statute of limitations. The alleged malpractice involved the representation of the former wife in a divorce case. As part of the divorce settlement,… Read More
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Legal malpractice opinion addresses superseding cause in Virginia

In Williams v. Joynes, 278 Va 57, 677 S.E.2d 261 (2009), the Supreme Court of Virginia reversed the Circuit Court’s ruling that plaintiff’s failure to file a personal injury action in a foreign jurisdiction was a superseding event sufficient to sever the link of proximate causation between the defendants’… Read More
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Legal Malpractice Claim Against Immigration Attorney Is Dismissed

In Baserva v. Remes, et al, 2009 U.S. Dist. LEXIS 63597 (E.D. Va. 2009), a legal malpractice action, the plaintiff, a non-U.S. citizen, sued his former attorney for damages arising out of the plaintiff’s detention by immigration authorities. Mr. Baserva filed suit in 2008 against his attorney in connection with two se… Read More
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Award of Permanent Partial Impairment by Virginia Commission Is Voided On Appeal

In Hitt Construction v. Pratt, 53 Va. App. 423, 672 S.E.2d 904 (Va. App. Feb. 17, 2009), the Court held that for the Virginia Workers Compensation Commission to exercise its review authority under the Act, when that authority is timely challenged, it must be composed of three statutorily authorized members. As a result, a d… Read More
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In Virginia, An Error of Judgment, or Even Negligence, Does Not Show Bad Faith By Insurer

In Goldstein v. National Casualty Company, 2008 U.S. Dist. Lexis 58129 (W.D. Va. July 28, 2008), Judge Kiser granted the insurer’s motion for summary judgment on an insurance bad faith claim. The claim arose from an excess judgment. The insured was a truck driver who was involved in an accident as he was attempting to… Read More
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Categories: Insurance, Virginia

Legal Malpractice Insurance Policy Rescinded Due To Fraud in the Application

In Minnesota Lawyers Mutual Ins. Co. v. Hancock, 2009 U.S. Dist. LEXIS 20536 (E.D. Va. March 3, 2009), Judge Henry E. Hudson granted summary judgment in an insurer’s rescission action based on fraud in the application. The policy at issue was a legal malpractice insurance policy issued by Minnesota Lawyers Mutual Insu… Read More
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