Virginia Lawyers Weekly articles from July 2008

Virginia Lawyers Weekly archives from July 2008

Chesterfield Circuit Court: Knowles v. New Age Digital Inc.(Brief article)
July 7, 2008... Byline: Deborah Elkins Contract - Noncompete - Nonsolicitation A Chesterfield Circuit Court rejects plaintiff New Age Digital's attempt to enforce a noncompete that prohibits any company director from any type of competitive activity...

4th Circuit Court of Appeals: U.S. v. Finley.(Brief article)
July 7, 2008... Byline: Deborah Elkins Traffic Offenses - DUI - Army Base - Va. Advisory Guidelines The 4th Circuit upholds a 27-month sentence for a driver convicted of driving under the influence of alcohol, third offense, after an arrest on the...

4th Circuit Court of Appeals: Tidewater Finance Co. v. Kenney.(collateralized debt obligations)
July 7, 2008... Byline: Deborah Elkins Bankruptcy - Plan Confirmation - 'Hanging Paragraph' - 910 Car Debt - Collateral Surrender In a case of first impression in the 4th Circuit, a creditor wins its appeal of confirmation of a debtor's Chapter 13...

4th Circuit Court of Appeals: Gray v. Branker.
July 7, 2008... Byline: Deborah Elkins Criminal - Habeas Corpus - Ineffective Assistance - Mental Illness Investigation A North Carolina man convicted of murdering his estranged wife is entitled to a writ of habeas corpus on the ground of ineffective...

4th Circuit Court of Appeals: Evergreen America Corp. v. NLRB.(national labor relations board)
July 7, 2008... Byline: Deborah Elkins Labor - Election Loss - Unfair Labor Practices A customer service provider for major ocean carriers must bargain with a longshoremen's local that lost an election for representation, based on findings of the...

4th Circuit Court of Appeals: Ellis v. Grant Thornton LLP.
July 7, 2008... Byline: Deborah Elkins Negligence - Accounting Firm - Bank Officer Job An accounting firm cannot be liable in negligence under West Virginia law to a bank manager who alleges he accepted a job as president of the First National Bank of...

Virginia Lawyers in the News: July 7, 2008.
July 7, 2008... Byline: Sarah Rodriguez Kelly B. LaPar has joined the business and commercial litigation practice group at the law firm of Sands Anderson Marks & Miller in Richmond. LaPar's law practice focuses on construction contracts, construction...

Noncompete struck by Chesterfield County judge for being too broad.
July 7, 2008... Byline: Alan Cooper A Chesterfield County judge has ruled that noncompetition and nonsolicitation clauses in a directors' agreement for a closely held corporation are too broad to be enforced. Jason Knowles sought the ruling after he...

Augusta County judge rules for plaintiff on motions involving admissions.(Thomas H. Wood)
July 7, 2008... Byline: Alan Cooper A bare statement that a party lacks information to respond to a request for admissions isn't enough when a party had an opportunity to take a deposition to frame a response, an Augusta County judge has ruled. ...

Appeal to Supreme Court of Virginia expected after breakaway congregations prevail.
July 7, 2008... Byline: Peter Vieth Lawyers involved in the court fight over Episcopal Church property in Virginia are girding for an appeal to the Supreme Court of Virginia now that the critical issues in the trial court have been resolved in favor of...

12 backed for seat on Supreme Court of Virginia.(judicial selection)
July 7, 2008... Byline: Alan Cooper Twelve candidates to replace Justice G. Steven Agee on the Supreme Court of Virginia have won the support of one or more statewide bar groups, but none received the top ranking from all five organizations. One...

Woman's suit against Virginia golf course hits the rough.
July 7, 2008... Byline: Paul Fletcher Crystal Timpanaro found out the hard way that it is difficult to prevail in a negligence suit against a golf course in Virginia. Two years ago Timpanaro was struck in the face by a ball hit by a golfer as she watched...

Verdicts & Settlements July 7, 2008: Trucker disabled by collision on I-295.
July 7, 2008... Byline: Virginia Lawyers Weekly On Jan. 13, 2005, defendant Sundip Patel was traveling northbound on I-295 in a Lexus SUV when he lost control of the vehicle, which slammed into a guardrail and then bounced back onto the road and struck a...

Verdicts & Settlements July 7, 2008: Patient fractures neck in nursing home fall.(Brief article)
July 7, 2008... Byline: Virginia Lawyers Weekly A nursing home resident had a history of wandering around the facility and especially following staff as they worked their shifts. On the day of the accident, a certified nurse assistant was taking another...

Verdicts & Settlements July 7, 2008: Parking lot accident requires hip replacement.(Brief article)
July 7, 2008... Byline: Virginia Lawyers Weekly Plaintiff was struck by the defendant's vehicle as she was standing beside her vehicle in a shopping center parking lot putting items into her trunk. The impact dislocated a recently revised hip replacement...

Verdicts & Settlements July 7, 2008: Bacterial infection strikes assisted-living facility.(wrongful death)(Brief article)
July 7, 2008... Byline: Virginia Lawyers Weekly In early 2005, several residents of an assisted-living facility became infected with group A streptococcus bacteria. Despite the severe and invasive nature of the bacteria, the facility did not test other...

4th Circuit Court of Appeals: Evergreen Int'l v. Norfolk Dredging Co.
July 7, 2008... Byline: Deborah Elkins Admiralty - Negligence - Ship-Dredge Pipeline Allision - Comparative Fault The 4th Circuit upholds a district court's decision ordering a ship owner to pay the Norfolk Dredging Company $898,975.42 in damages...

4th Circuit Court of Appeals: U.S. v. Martinez-Varela.
July 7, 2008... Byline: Deborah Elkins Criminal - Illegal Reentry - Sentencing - Prior Drug Offense In this appeal of a sentence for illegal reentry after deportation for an aggravated felony, the 4th Circuit upholds a district court's decision to...

4th Circuit Court of Appeals: Strawn v. AT&T Mobility LLC.(Class Action Fairness Act of 2005)
July 7, 2008... Byline: Deborah Elkins Civil Procedure - Class Action Fairness Act - Jurisdictional Amount - Wireless 'Bundling' Service The 4th Circuit says a West Virginia district court erred in remanding to state court a consumer class action...

4th Circuit Court of Appeals: U.S. v. Finley.(driving while intoxicated)
July 7, 2008... Byline: Deborah Elkins Traffic Offenses - DUI - Army Base - Va. Advisory Guidelines The 4th Circuit upholds a 27-month sentence for a driver convicted of driving under the influence of alcohol, third offense, after an arrest on the...

U.S. District Court: U.S. v. Jefferson.(searches and seizures, bribery, racketeering)
July 7, 2008... Byline: Deborah Elkins Search & Seizure - Custody - Congressman Interrogation An Alexandria U.S. District Court denies a motion to suppress statements made by a sitting member of the U.S. Congress indicted for bribery and racketeering...

U.S. District Court: U.S. v. Jefferson.
July 7, 2008... Byline: Deborah Elkins Criminal - Venue - Bribery & Racketeering - Congressman An Alexandria U.S. District Court denies reconsideration of its earlier decision to try this bribery and racketeering case against a sitting U.S....

U.S. District Court: Industrial Turnaround Corp. v. Decker Industries Inc.
July 7, 2008... Byline: Deborah Elkins Civil Procedure - Removal - Remand - Unanimous Consent A Richmond U.S. District Court remands to state court an electrical sub's contract action against the general contractor and an owner because the general...

U.S. District Court: Buffalo Wings Factory Inc. v. Mohd.(trademark infringement)
July 7, 2008... Byline: Deborah Elkins Intellectual Property - Trademark - Restaurant Name Two former employees of the Buffalo Wings Factory, which operates four Northern Virginia restaurants that specialize in buffalo wings, who allegedly infringed...

U.S. District Court: Toolchex Inc. v. Trainor.(intellectual property)
July 7, 2008... Byline: Deborah Elkins Intellectual Property - Wordmark - Tool Reimbursement Plan - Injunction Plaintiff tool reimbursement plan wins a preliminary injunction from a Richmond U.S. District Court against a former independent contractor...

U.S. District Court: Miller v. Cunningham.
July 7, 2008... Byline: Deborah Elkins Civil Rights - Open Primary Election - First Amendment - Attorney's Fees Although plaintiff political party officials achieved success on a narrow point of their challenge to the constitutionality of a Virginia...

U.S. District Court: U.S. v. Shelburne.
July 7, 2008... Byline: Deborah Elkins Criminal - Medicaid Fraud - Dentist Defendant - Unnecessary Procedures A Big Stone Gap U.S. District Court upholds a jury verdict finding a dentist guilty of one count of racketeering, one count of structuring a...

U.S. District Court: Dawson v. Auto-Owners Ins. Co.
July 7, 2008... Byline: Deborah Elkins Insurance - Auto Liability - Household Member - Motorcycle Accident A long-haul trucker who gave up his rental home and moved his personal belongings to his mother's home, who was injured when his motorcycle was...

U.S. District Court: Columbia Gas Transmission Corp. v. An Easement to Construct.
July 7, 2008... Byline: Deborah Elkins Real Estate - Easement - Gas Pipeline - Condemnation A Harrisonburg U.S. District Court sustains a defendant property owner's objection to a gas company's petition to condemn a portion of his property for...

U.S. District Court: Wert v. Jeffords Corp.
July 7, 2008... Byline: Deborah Elkins Negligence - Forklift Injury - Leased Equipment A Roanoke U.S. District Court declines to reconsider its grant of summary judgment to defendant materials handling company on a personal injury claim by an employee...

U.S. District Court: Columbia Gas Transmission Corp. v. Herzog.(Brief article)
July 7, 2008... Byline: Deborah Elkins Real Estate - Condemnation - Gas Pipeline A Harrisonburg U.S. District Court rejects landowners' claim that their property cannot be valued for condemnation for the gas company's request for an easement for...

U.S. District Court: Silver Ring Splint Co. v. Digisplint Inc.
July 7, 2008... Byline: Deborah Elkins Intellectual Property - Copyright Infringement - Catalog Copy - Damages A defendant company that competes with plaintiff in the sale of fine jewelry quality finger splints, and that infringed plaintiff company's...

U.S. District Court: U.S. v. Minter.
July 7, 2008... Byline: Deborah Elkins Criminal - Sentence Reduction - Crack Cocaine A defendant who was subject to a mandatory minimum sentence, which was reduced because of his substantial assistance to the government, cannot have his sentence...

U.S. District Court: Bowers v. University of Virginia.
July 7, 2008... Byline: Deborah Elkins Employment Discrimination - Sanctions - Rule 56 - Rule 11 In this employment discrimination suit filed by a former employee of the University of Virginia, a Charlottesville U.S. District Court affirms the...

U.S. District Court: Davis v. County of Amherst.(Brief article)
July 7, 2008... Byline: Deborah Elkins Civil Rights - Chokehold Use - Sheriff's Department A Lynchburg U.S. District Court dismisses a plaintiff's claim under 42 U.S.C. s. 1983 against defendant sheriff's department because she does not have standing...

U.S. District Court: Pennsylvania Electric Coil Ltd. v. City of Danville.
July 7, 2008... Byline: Deborah Elkins Contract - Government Contract - Hydroelectric Plans A Danville U.S. District Court grants partial summary judgment to defendant City of Danville on a contract claim by plaintiff Pennsylvania Electric Coil Ltd.,...

U.S. District Court: Brown v. Va. Dep't of Transportation.(Brief article)
July 7, 2008... Byline: Deborah Elkins Employment Discrimination - Retaliation - Race - Title VII A Roanoke U.S. District Court dismisses a former engineering technician's Title VII claim against the Virginia Department of Transportation alleging...

Magistrate Judge: Wooten v. Lightburn.
July 7, 2008... Byline: Deborah Elkins Real Estate - Contract - Parcel Acreage - Survey Right - Waiver A buyer of a nearly 2,000-acre parcel in Washington County can pursue a claim for an abatement of the $4.25 million purchase price after a field...

Virginia Court of Appeals: Ellis v. Commonwealth.
July 7, 2008... Byline: Deborah Elkins Search & Seizure - Traffic Stop - Drug Dog Threat Police did not violate a driver's Fourth Amendment rights when an officer stopped her pickup truck for an inoperative brake light, and after recalling that he had...

Virginia Court of Appeals: Marshall v. Commonwealth.(Brief article)
July 7, 2008... Byline: Deborah Elkins Criminal - Crack Cocaine - Intent To Distribute The Court of Appeals affirms defendant's conviction of possession of crack cocaine with intent to distribute, based on his possession of a 9.5-ounce,...

Virginia Court of Appeals: Clemons v. Commonwealth.(Brief article)
July 7, 2008... Byline: Deborah Elkins Criminal - Uttering Counterfeit Currency - Judge's Comment A trial judge's comment that defendant's version of how he came to possess counterfeit currency may be the truth; I don't know, does not translate into a...

Virginia Court of Appeals: Gardner v. Commonwealth.
July 7, 2008... Byline: Deborah Elkins Criminal - Temp's Embezzlement - Circumstantial Evidence The Court of Appeals affirms a temporary employee's conviction of embezzlement, despite her claim that the commonwealth's circumstantial evidence failed to...

Virginia Court of Appeals: Booker v. Commonwealth.
July 7, 2008... Byline: Deborah Elkins Search & Seizure - Auto Search - Exigent Circumstances - Marijuana In Plain View A detective's search of a car was supported by probable cause, the Court of Appeals holds, developed in part pursuant to the plain...

Virginia Court of Appeals: Hampton v. Commonwealth.(searches and seizures)(Brief article)
July 7, 2008... Byline: Deborah Elkins Search & Seizure - High-Crime Area - Waving At Cars A police officer who observed defendant near a convenience store in a high-crime area late at night, waving at cars, and who smelled alcohol on defendant and...

Loudoun County Circuit Court: Purcellville West LLC v. Board of Supervisors of Loudoun County.
July 7, 2008... Byline: Deborah Elkins Zoning - Piecemeal Downzoning - Density A Loudoun County Circuit Court dismisses plaintiff owner's claims that their property, formerly zoned A-3 with a permissible base density of one dwelling unit per three...

Fairfax Circuit Court: In Re: Multi-Circuit Episcopal Church Property Litigation.
July 7, 2008... Byline: Deborah Elkins Real Estate - Church Property - Episcopal Church Split In this dispute over church property between the Episcopal Diocese of Virginia and the national church, and 11 breakaway congregations, a Fairfax Circuit...

Charlottesville Circuit Court: Ertel-Batten v. Batten.
July 7, 2008... Byline: Deborah Elkins Domestic Relations - Divorce - Fraud - Wife's Residence A Charlottesville Circuit Court says a husband cannot overturn a 2005 divorce decree in 2008 with husband's after-discovered evidence alleging wife...

Augusta County Circuit Court: Smith v. Priority Healthcare Corp.(medical malpractice)
July 7, 2008... Byline: Deborah Elkins Medical Malpractice - Discovery - Requests For Admission - Morphine Allergy In this suit alleging malpractice arising from administration of morphine to a patient known to be allergic to morphine, an Augusta...

Federal judge says teen drinking party not 'emergency'.
July 14, 2008... Byline: Alan Cooper 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...

Irving M. Blank seeks Virginia State Bar post.
July 14, 2008... Byline: Alan Cooper 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...

Recruiter's nonsolicit pact too broad, Virginia arbitrator says.
July 14, 2008... Byline: Alan Cooper 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...

Verdicts & Settlements July 14, 2008: Couple killed in crash with cruiser.
July 14, 2008... Byline: Virginia Lawyers Weekly On July 17, 2006, at 11:30 p.m., Robert L. Allen and Juanita J. Allen were killed when their Ford Ranger was struck by a Ford Crown Victoria police cruiser operated by a City of Petersburg police officer. At...

U.S. District Court: S.C.M. v. Myles.(Employee Retirement Income Security Act of 1974)(Brief article)
July 21, 2008... Byline: Deborah Elkins Insurance - Life Insurance Proceeds - ERISA - Preemption An Alexandria U.S. District Court remands to Virginia state court this dispute between a woman whose divorce decree required husband to maintain their...

U.S. District Court: U.S. v. Webb.
July 21, 2008... Byline: Deborah Elkins Criminal - Sentencing - Bank Robbery - Firearm Use In sentencing a defendant apprehended and convicted in 2007 for a bank robbery committed in 1989, an Abingdon U.S. District Court applying the federal sentencing...

U.S. District Court: Hunsberger v. Wood.
July 21, 2008... Byline: Deborah Elkins Civil Rights - Warrantless Entry - Noise Complaint - Trespass A deputy sheriff who suspected an underage drinking party and entered plaintiff's home with the stepparent of a girl whose car was parked outside,...

U.S. Magistrate Judge: Hurst v. State Farm Mutual Auto Ins. Co.
July 21, 2008... Byline: Deborah Elkins Insurance - Policy Coverage - Vehicle Theft - Cooperation A Roanoke U.S. Magistrate Judge says a policyholder who filed an insurance claim for the theft of a van breached his insurance contract's requirement that...

U.S. District Court: Jones v. W.H. Robinson Worldwide Inc.
July 21, 2008... Byline: Deborah Elkins Negligence - Negligent Hiring - Independent Contractor - Truck Driver On post-trial motions, a Roanoke U.S. District Court holds that plaintiff injured in an accident with a tractor-trailer presented sufficient...

U.S. District Court: Wood v. MorEquity Inc.(foreclosure sale)
July 21, 2008... Byline: Deborah Elkins Creditor's Rights - Foreclosure Sale - Newspaper Ad Notice - Va. Law A Charlottesville U.S. District Court upholds the foreclosure sale of a woman's Nelson County property even though she claims the newspaper...

Virginia Court of Appeals: Fowlkes v. Commonwealth.
July 21, 2008... Byline: Deborah Elkins Criminal - Mistrial Motion - Murder - Polygraph Questions The Court of Appeals says that at defendant's murder trial, the trial court did not err in refusing to declare a mistrial after repeatedly sustaining...

Virginia Court of Appeals: Zektaw v. Commonwealth.
July 21, 2008... Byline: Deborah Elkins Criminal - Right To Counsel - Rape Instruction - 'Intimidation' A rape suspect who voluntarily showed up at the police station, initialed a waiver of his Miranda rights, then said, Right, and I'd really like to...

Virginia Court of Appeals: Wright v. Commonwealth.
July 21, 2008... Byline: Deborah Elkins Search & Seizure - Traffic Safety Checkpoint - Crack Pipe A driver who was ordered to the side of the road after an officer observed a defective brake light at a safety checkpoint, and whose vehicle was subjected...

Virginia Court of Appeals: Hill v. Commonwealth.(cocaine possession)
July 21, 2008... Byline: Deborah Elkins Criminal - Cocaine Possession - Prosecution Threat - Defendant's Sister A police threat to prosecute defendant's sister for possession of the cocaine found in the green SUV in which police found drugs unless...

Virginia Court of Appeals: Dunaway v. Commonwealth.
July 21, 2008... Byline: Deborah Elkins Criminal - CCE - Crack Cocaine Ring - Cocaine Base An amendment to defendant's indictment charging him with operation of a continuing criminal enterprise for the distribution of cocaine base to change the...

Virginia Court of Appeals: Tart v. Commonwealth.
July 21, 2008... Byline: Deborah Elkins Criminal - Pandering - Jury Instruction A defendant is convicted of pandering for accepting money from a 16-year-old runaway girl who supported herself and defendant with her earnings from prostitution; his...

Virginia Court of Appeals: Adams v Richmond Dep't of Social Servs.
July 21, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Mom's Mental Illness The Court of Appeals affirms termination of a mother's parental rights despite her claim the Department of Social Services did not try...

Virginia Court of Appeals: Deslandes v. Commonwealth.
July 21, 2008... Byline: Deborah Elkins Criminal - Failure To Appear - Willfulness - Incarceration Although defendant claims his failure to appear on breaking and entering charges was not willful because he was arrested when he traveled to New York...

Virginia Court of Appeals: Ramsey v. Commonwealth.(Brief article)
July 21, 2008... Byline: Deborah Elkins Criminal - Venue - Stolen Property Receipt The Court of Appeals reverses a defendant's conviction for receipt of stolen property in violation of Va. Code s. 18.2-108 because the record does not show that...

Virginia Court of Appeals: Bowman v. Roanoke City Dep't of Social Servs.(Brief article)
July 21, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Child's Mental Illness The Court of Appeals holds that termination of a mother's parental rights was in the best interest of her child, whose previously...

Virginia Court of Appeals: Parada v. Commonwealth.(Brief article)
July 21, 2008... Byline: Deborah Elkins Criminal - Appeals - Rule 5A:18 - Confrontation Clause The Court of Appeals does not consider defendant's claim that the trial court denied his Sixth Amendment rights when it refused to allow the defense to...

Virginia Court of Appeals: Atkins v. Commonwealth.(Brief article)
July 21, 2008... Byline: Deborah Elkins Criminal - Appeals - Procedural Default - Proffer A defendant's conviction for cocaine distribution is affirmed by the Court of Appeals because he procedurally defaulted his claim that the trial court erred in...

Virginia Court of Appeals: Briggs v. Commonwealth.(Brief article)
July 21, 2008... Byline: Deborah Elkins Criminal - Firearm Charge - Prior Felony Offense The Court of Appeals upholds defendant's conviction for possession of a firearm under Va. Code s. 18.2-308.2 because the evidence was sufficient to prove his...

Chesapeake Circuit Court: Cassen v. Slater.
July 21, 2008... Byline: Deborah Elkins Civil Procedure - Default Judgment - Deemed Admissions - Musical Acts A woman who alleges a Michigan resident hired her to engage musical acts for the Fire Lake Festival but failed to pay her for her services,...

Sussex County Circuit Court: Dickens v. Dickens.
July 21, 2008... Byline: Deborah Elkins Domestic Relations - PSA - Duress Although wife had no part in drafting the property settlement agreement presented by husband, a Sussex County Circuit Court says her evidence of past treatment for depression and...

Virginia Lawyers in the News: July 21, 2008.
July 21, 2008... Byline: Sarah Rodriguez 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...

Gloucester political brouhaha prompts five indictments.
July 21, 2008... Byline: Peter Vieth 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...

Virginia prosecutors on the spot.
July 21, 2008... Byline: Alan Cooper Prosecutors have extraordinarily broad discretion in criminal cases but none at all under Virginia Code s. 58.1-3003. That law requires a commonwealth's attorney to appeal an order for the imposition of taxes by a...

Alexandria federal district judge: Client had oral contract, lawsuit was filed too late.
July 21, 2008... Byline: Deborah Elkins 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...

Fredericksburg Circuit Court Clerk: CLOSED for business.
July 21, 2008... Byline: Peter Vieth 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....

Verdicts & Settlements July 21, 2008: 'Black ice' on crosswalk results in fall, broken ankle.(Brief article)
July 21, 2008... Byline: Virginia Lawyers Weekly Plaintiff slipped and fell on black ice in a marked crosswalk adjacent to defendant's movie theater. She sustained a trimalleolar fracture of her ankle requiring corrective and hardware removal surgeries....

Verdicts & Settlements July 21, 2008: Renal cancer metastasizes after failure to diagnose.
July 21, 2008... Byline: Virginia Lawyers Weekly Plaintiff alleged that the defendant radiologist and defendant urologist failed to diagnose decedent's renal cell carcinoma. In October 2003, the decedent had an intravenous pyelogram (IVP) performed...

Verdicts & Settlements July 21, 2008: Type of cast at issue in broken leg treatment.
July 21, 2008... Byline: Virginia Lawyers Weekly On June 29, 2003, the plaintiff was injured in an ATV accident in which he sustained a non-displaced open fracture to his left tibia. He was taken to Danville Regional Medical Center where he was seen the...

4th Circuit: U.S. v. Holman.
July 21, 2008... Byline: Deborah Elkins Civil Rights - Supervised Release Condition - Antipsychotic Drug - Involuntary Dosage A federal court can require a man on supervised release from drug and weapons convictions, previously diagnosed with...

4th Circuit: MLC Automotive LLC v. Town of Southern Pines.
July 21, 2008... Byline: Deborah Elkins Civil Procedure - Jurisdiction - Burford Abstention The 4th Circuit upholds a North Carolina federal district court's abstention in this lawsuit filed by a car dealer who claimed he spent more than $2 million to...

4th Circuit: Emmett v. Johnson.
July 21, 2008... Byline: Deborah Elkins Criminal - Lethal Injection - Va. Protocol - Eighth Amendment The 4th Circuit upholds Virginia's method of lethal injection against a death-row inmate's claim that the three-chemical procedure violates his Eighth...