Virginia Lawyers Weekly articles from May 2008

Virginia Lawyers Weekly archives from May 2008

Supreme Court of Virginia: A weak brief is not jurisdictional error.
May 5, 2008... Byline: Peter Vieth You've been doing it wrong, and maybe we have, too, but it's time to get it right, says the Supreme Court of Virginia in an opinion directed to the Court of Appeals' handling of undeveloped appeal arguments. The...

Enforce the rules: Virginia Court of Appeals judge takes strict line on procedure.(D. Arthur Kelsey)
May 5, 2008... Byline: Peter Vieth Lawyers seeking mercy for their procedural mistakes will find no comfort from Virginia Court of Appeals Judge D. Arthur Kelsey. Kelsey brought his crusade for unapologetic strict rule enforcement to a Roanoke bench-bar...

Virginia Beach lawyers' convictions reversed.(Scialdone & Taylor)
May 5, 2008... Byline: Deborah Elkins Two Virginia Beach lawyers and their law clerk have won reversals of summary contempt convictions that carried jail time. In Scialdone v. Commonwealth (VLW 008-7-199), the Virginia Court of Appeals said the...

Slip-and-fall scores $1.3M in Richmond Circuit Court.(Brief article)
May 5, 2008... Byline: Peter Vieth A Richmond slip-and-fall plaintiff last month scored a $1.3 million verdict in a case alleging failure to clear snow and ice from a business parking lot. According to plaintiff's lawyer David Epperly, it may be the...

Verdicts & Settlements May 5, 2008: Patient's foot partially amputated after treatment.
May 5, 2008... Byline: Virginia Lawyers Weekly This was a podiatric medical malpractice case in which the plaintiff, then age 53, had a portion of her right forefoot amputated (transmetatarsal amputation) because the doctor's negligent treatment of an...

Verdicts & Settlements May 5, 2008: Trucker slipped on ice, aggravated back.(Brief article)
May 5, 2008... Byline: Virginia Lawyers Weekly Plaintiff was a truck driver who slipped and fell due to ice which had not been cleared by the owner of the property. Some of the lots were cleared, but not where the fall occurred. The plaintiff presented...

Verdicts & Settlements May 5, 2008: Woman wins dental malpractice claim.
May 5, 2008... Byline: Virginia Lawyers Weekly Plaintiff, a middle-aged white female, sought treatment at a dentist's office regarding custom-fitting for dentures and other issues. Plaintiff had prior high blood pressure and other health issues and...

4th Circuit U.S. Court of Appeals Case Summaries: May 5, 2008.
May 5, 2008... Byline: Deborah Elkins Administrative - Black Lung Benefits - Subsequent Claim - Limitations The 4th Circuit vacates an award of black lung benefits because the administrative law judge did not apply the three-year statute of...

U.S. District Court VA Eastern Case Summaries: May 5, 2008.(Virginia)
May 5, 2008... Byline: Deborah Elkins Criminal - Habeas Corpus - Ineffective Assistance - Guilty Plea - Cooperation A Norfolk federal judge rejects a federal prisoner's motion for post-conviction relief under 28 U.S.C. s. 2255 based on a claim that...

U.S. District Court VA Western Case Summaries: May 5, 2005.(Virginia)
May 5, 2008... Byline: Deborah Elkins Employment - County Employee - Post-Termination Resolution A U.S. District Judge in Abingdon holds that members of the Tazewell County Board of Supervisors did not violate the civil rights of the county's former...

Virginia Court of Appeals Case Summaries: May 5, 2008.
May 5, 2008... Byline: Deborah Elkins Criminal - Defense Lawyer - Summary Contempt - Fraudulent Document The Virginia Court of Appeals reverses a trial judge's summary contempt adjudications of two lawyers and a law student, for offering into...

Virginia Circuit Court Case Summaries: May 5, 2008.
May 5, 2008... Byline: Deborah Elkins Environmental - Effluent Discharge - Chincoteague Channel - Remand A motel owner's attempt to obtain a permit to use subaqueous bottomlands (beyond the mean low-tide water line) to discharge treated effluent into...

Virginia Lawyers in the News: May 12, 2008.
May 12, 2008... Byline: Sarah Rodriguez Thomas S. Shadrick, a retired chief judge from the Virginia Beach Circuit Court, has joined The McCammon Group. Before serving 18 years on the bench, Shadrick concentrated his law practice in personal injury and...

Virginia's 2nd 'Legal Food Frenzy' a big success.
May 12, 2008... Byline: Alan Cooper The second annual Legal Food Frenzy produced twice as much food as the first and exceeded its goal by more than a third. The Richmond firm of Schettine & Nguyen PLC won the "Attorney General's Cup" by raising the...

Commentary: A shield but not a sword.(on summary judgments)
May 12, 2008... Byline: Christine Williams I didn't believe it when I heard it. In fact, I argued with the lead partner in my firm and essentially told him that it could not possibly be the law. (Note to self: not a good idea before checking the law to...

Authority of patent judges may allow new legal attack.
May 12, 2008... Byline: Alan Cooper Once a patent is approved by the U.S. Patent and Trademark Office, the patent holder's main worry may be defending the patent against unscrupulous people who want to profit from the invention. Questions on the...

Lawyers have no appeal of GDC sanction.(Louise Moore and William Grogan)(general district court)
May 12, 2008... Byline: Peter Vieth A circuit court judge ruled last month that he has no jurisdiction to hear appeals of nearly $7,800 in sanctions imposed against two lawyers in a district court case. Richmond Circuit Judge Melvin R. Hughes Jr. said...

Virginia State Bar Council reps elected.
May 12, 2008... Byline: Alan Cooper Philip G. Gardner of Martinsville will succeed his brother, Benjamin R. Gardner, as the 21st Circuit's representative on the Virginia State Bar Council. Ben Gardner died last year during his second three-year term...

Cases coming alive with Roanoke-area doc's expertise.(Tim Henshaw)
May 12, 2008... Byline: Peter Vieth Roanoke-area doctor suddenly sidelined by chronic illness has reinvented himself as the region's most highly-qualified litigation support professional. Rheumatologist Tim Henshaw used to help patients deal with...

Verdicts & Settlements May 12, 2008: De-gloving injury to hand caused by intersection crash.
May 12, 2008... Byline: Virginia Lawyers Weekly $1,300,000 Settlement Plaintiff, a 30-year-old housewife and bank employee, visited family in Richmond during the weekend of April 1, 2007. On Sunday morning, before their return home to Maine, plaintiff...

Verdicts & Settlements May 12, 2008: Chester woman dies from I-95 injuries.(Brief article)
May 12, 2008... Byline: Virginia Lawyers Weekly $850,000 Settlement The decedent, a 61-year old resident of Chester, was involved in a wreck on April 25, 2007, in Chesterfield. The decedent was a passenger in a vehicle that was struck by the...

Verdicts & Settlements May 12, 2008: Therapy, wrist surgery result from collision.
May 12, 2008... Byline: Virginia Lawyers Weekly $99,863.01 Verdict The plaintiff, a 24-year-old female, was involved in a Dec. 13, 2005, motor vehicle collision. The defendant ran a red light and collided with the plaintiff's vehicle. Liability was...

Verdicts & Settlements May 12, 2008: Nurse admits exceeding scope of practice.
May 12, 2008... Byline: Virginia Lawyers Weekly $1,400,000 Settlement Plaintiff's decedent was a long-haul truck driver. He started having shortness of breath and noticed swelling in his face and ankles. After dropping off his load, decedent went to...

Verdicts & Settlements May 12, 2008: Surgery for colon cancer botched in 79-year-old patient.
May 12, 2008... Byline: Virginia Lawyers Weekly $500,000 Settlement During a routine colonoscopy, doctors discovered the 79-year-old plaintiff had an atypical polyp of the sigmoid colon with the possibility of it being cancerous. The polyp was removed...

Verdicts & Settlements May 12, 2008: Man injured, girlfriend dies in Greene County collision.
May 12, 2008... Byline: Virginia Lawyers Weekly $650,000 Settlement Plaintiff was a 19-year-old male traveling at approximately 45 mph on an unmarked road in Greene County in a subcompact automobile. Plaintiff's girlfriend was the front-seat...

4th Circuit Court: In re Strack.(United States Court of Appeals for the 4th Circuit)
May 12, 2008... Byline: Deborah Elkins Bankruptcy - Dischargeability Of Debt - Fiduciary 'Defalcation' - Equipment Dealer - Ch. 7 Debtor, a president of an equipment dealership, cannot discharge an unsecured judgment of $124,000 arising from his...

U.S. District Court, Norfolk: U.S. v. Zepeda-Dominguez.
May 12, 2008... Byline: Deborah Elkins Criminal - Sentencing - Supervised Release - Illegal Aliens A U.S. District Court in Norfolk denies consolidated motions filed by three defendants, all illegal aliens, to correct their sentences under Fed. R....

Alexandria U.S. District Court: Coors Brewing Co. v. Oak Beverage Inc.(Brief article)
May 12, 2008... Byline: Deborah Elkins Civil Procedure - Beer Distributor Agreement - Forum Selection - Venue An Alexandria U.S. District Court invalidates a forum selection clause in a distributor agreement between plaintiff Coors brewery and two...

U.S. District Court, Richmond: NGM Insurance Co. v. Secured Title & Abstract Inc.
May 12, 2008... Byline: Deborah Elkins In this interpleader action filed by plaintiff insurance company that provided a $100,000 indemnity bond to defendant title company, the Richmond U.S. District Court dismisses the title company's third-party...

U.S. District Court, Alexandria: Pequignot v. Solo Cup Co.
May 12, 2008... Byline: Deborah Elkins Intellectual Property - False Patent Marking - Expired Patents - Conditional Patents A U.S. District Court in Alexandria lets a patent lawyer appearing pro se pursue his claim that defendant Solo Cup Company, a...

U.S. District Court, Richmond: Amaram v. Virginia State Univ.
May 12, 2008... Byline: Deborah Elkins Employment Discrimination - Retaliatory Discharge - Title VII - College Professor A Richmond U.S. District Court grants summary judgment to Virginia State University in this Title VII suit in which a former...

U.S. District Court: Corinthian Mortgage Corp. d/b/a Southbanc Mtge. v. Choicepoint Precision Mktg.
May 12, 2008... Byline: Deborah Elkins Contract - Mailing List - Confidentiality - Customer Criteria A mortgage lender whose contract with a mailing list broker included confidentiality clauses, and who suspected a former vice president fired by the...

McGeorge Camping Center Inc. v. Affinity Group Inc.
May 12, 2008... Byline: Deborah Elkins Civil Procedure - Removal - Fraudulent Joinder - Internet Defamation In this defamation action by an RV dealership against an internet Web site that carried allegedly defamatory comments about the dealership...

U.S. District Court, Norfolk: Taylor v. Hampton Roads Regional Jail Authority.
May 12, 2008... Byline: Deborah Elkins Employment Discrimination - Disability - Jail Officer - Missing Hand A Norfolk U.S. District Court denies summary judgment to defendant Hampton Roads Jail on a claim by a woman born with one hand that the jail...

U.S. District Court, Lynchburg: Henderson v. U.S. Dep't of Labor.
May 12, 2008... Byline: Deborah Elkins Workers' Comp - Federal Employees Act - Privacy Act - Claim Processing A Commerce Department employee who was injured in an auto accident, who alleged errors in the records of her claims with the Officer of...

U.S. District Court, Big Stone Gap: Thomas v. Boston Mutual Life Ins. Co.
May 12, 2008... Byline: Deborah Elkins Employment - ERISA - Long-Term Disability Benefits - FCE A U.S. District judge in Big Stone Gap says a magistrate judge got it right in upholding a denial of long-term disability benefits to a hospital employee...

U.S. District Court, Roanoke: U.S. v. Gettier.
May 12, 2008... Byline: Deborah Elkins Criminal - Gun On Parkway - Notice To Drivers A driver who had two loaded firearms in his vehicle, which was pulled after defendant failed to completely stop at a stop sign, cannot avoid conviction for having a...

U.S. District Court, Roanoke: U.S. v. Adams.
May 12, 2008... Byline: Deborah Elkins Criminal - Obstruction - False Statement - Double Jeopardy A defendant who encouraged a potential witness to withhold or present false evidence to federal investigators, and who made false statements to mislead...

U.S. District Court, Lynchburg: Roberts v. U.S.
May 12, 2008... Byline: Deborah Elkins Negligence - FTCA - Premises Liability - Slip & Fall A woman who stopped on her way home from work to buy a stamp can't sue the U.S. Post Office for her injuries from a fall when she caught her foot on a concrete...

Virginia Court of Appeals: Jones v. Commonwealth.
May 12, 2008... Byline: Deborah Elkins Traffic Offenses - DUI - Refusal - Probable Cause A deputy had probable cause to arrest defendant for DUI when he smelled alcohol on defendant, defendant's eyes were red and glassy, he was argumentative and he...

Virginia Court of Appeals: Roach v. Commonwealth.
May 12, 2008... Byline: Deborah Elkins Criminal - Felony Obstruction - Double Jeopardy - Threats Against Officer A defendant charged with misdemeanor obstruction of justice in general district court for his drunken fighting and kicking out the rear...

Virginia Court of Appeals: Anderson v. Commonwealth.(Deborah Elkins)
May 12, 2008... Byline: Deborah Elkins Criminal - Murder - Firearm Use - Brady Claim The commonwealth's failure to disclose before trial evidence that the victim of a fatal shooting was affiliated with a street gang was not a violation of Brady v....

Virginia Court of Appeals: Martin v. Commonwealth.
May 12, 2008... Byline: Deborah Elkins Criminal - Murder - Firearm Use - Custodial Interrogation A detective who questioned defendant about the murder of a cab driver did not understand defendant's statement, "Yes, I need a lawyer if .." to be a...

Virginia Court of Appeals: Downs v. Commonwealth.
May 12, 2008... Byline: Deborah Elkins Criminal - Murder - Mother's Confession - Suggestibility The Court of Appeals holds that, at defendant's trial for the first-degree murder of her daughter, the trial court did not abuse its discretion in refusing...

Virginia Court of Appeals: Gallimore v. Commonwealth.(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Alford Pleas - Motion To Withdraw A trial court did not abuse its discretion in denying defendant's motion to withdraw his four Alford guilty please, entered while the jury was deliberating on...

Virginia Court of Appeals: Anderson v. Alexandria Dep't of Human Services.(Brief article)
May 12, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Incarceration - Substance Abuse A father's incarceration for a majority of the life of his son, who was born with cocaine in his system, and the father's...

Virginia Court of Appeals: Brooks v. Spotsylvania County Dep't of Social Servs.
May 12, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Mother's Breakdown The Court of Appeals reverses termination of the parental rights of this couple to their minor child, who was first placed into foster care...

Virginia Court of Appeals: Campbell County Dep't of Social Servs. v. Roberts.(Department of Social Services)(Brief article)
May 12, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Housing - Domestic Violence A mother and father's failure to provide any explanation about why they continued to live in a deteriorating trailer with a...

Va. Court of Appeals: Wyatt v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Trespass - Visit To Children Although defendant argued he could not be convicted of trespassing at a public housing project because he had a good-faith belief that he was entitled to visit his children...

Arlington County Circuit Court: Powell v. Arlington County Dep't of Human Servs.(Department of Human Services)(Brief article)
May 12, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Appeals - Necessary Party A mother's pro se appeal of the termination of her parental rights is dismissed because she failed to properly perfect her appeal by...

Va. Court of Appeals: Smallwood v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Carjacking - Prior Bad Acts - Domestic Disputes At defendant's trial for carjacking of his former girlfriend as she arrived for work, the trial court did not err in admitting evidence of a prior...

Va. Court of Appeals: Barrett v. Commonwealth of Va.(Virginia)
May 12, 2008... Byline: Deborah Elkins Domestic Relations - Child Support - Custody Award The fact that a mother was awarded sole legal custody of the parties' children does not mean the father was relieved of his obligation to pay child support, the...

Va. Court of Appeals: Norfolk Div. of Social Servs.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Domestic Relations - Termination Of Parental Rights - Substance Abuse The Court of Appeals says a trial court did not err in refusing to admit four documents proffered by the Norfolk Division of Social Services...

Va. Court of Appeals: Cooke v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Search & Seizure - Untimely Motion - Felon In Possession A defendant's letter to the trial court asking for a telephone conference "about scheduling motions" and "discussing a continuance" were not sufficient to...

Va. Court of Appeals: Pannell v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Identification - Suggestive Show-Up A defendant who did not claim in his brief that the trial court erred by allowing a robbery victim to identify defendant in court and conceded at oral argument that...

Va. Court of Appeals: Hurt v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Murder - Arson - Inculpatory Statements - Crack Influence The Court of Appeals holds that a defendant cannot suppress inculpatory statements he made to detectives on the ground that he was incapable...

Va. Court of Appeals: Commonwealth v. Anderson.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Search & Seizure - Marijuana - Purse In Vehicle A trial court did not err in suppressing marijuana found in a knotted plastic baggie in defendant's purse, located in her vehicle, evidence obtained in violation of...

Va. Court of Appeals: Eleazer v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Murder - Robbery - Defendant's Statements A defendant's status as a 14-year-old at the time he confessed to robbing and murdering his uncle, along with two other teenage accomplices, was not a basis...

Va. Court of Appeals: Stockman v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Felony Eluding - Fifth Amendment - Prosecutor Comment A prosecutor's comment during closing argument about defendant not offering an explanation why he was hiding from police when he was discovered...

Va. Court of Appeals: Brown v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Meth In Manila Envelope - Conspiracy To Distribute A witness who observed another woman put two ounces of methamphetamine and cash into a manila envelope, tape it closed and give it to defendant, who...

Va. Court of Appeals: Melendez v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Appeals - Proffer Of Witness Answer A defendant cannot pursue on appeal his claim the trial court should have allowed him to question a prosecution about what benefit he expected to receive from his...

Va. Court of Appeals: Whitehead v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Receiving Stolen Property - Defendant's Knowledge A woman's written confession stating she knew the man with whom she lived, who was breaking into cars, was bringing stolen property into their...

Va. Court of Appeals: Commonwealth v. Hunt.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Police Checkpoint - Outstanding Warrant - Search Incident Police who stopped defendant at a roadblock set up to check the driver's license and motor vehicle registration of every vehicle that passed...

Va. Court of Appeals: Booker v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Guilty Plea Withdrawal - Robbery A trial court did not err in refusing to allow defendant at sentencing to withdraw his earlier pleas of guilty to robbery and firearm charges, prompted by defendant's...

Va. Court of Appeals: Thomas v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - B&E - Intent To Assault There was sufficient evidence that defendant had no legal right to be at the apartment of his former girlfriend, who had taken out a protective order against him, when he broke...

Va. Court of Appeals: Smith v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Cocaine Possession - Drugs In Car The Court of Appeals has "no difficulty confirming the sufficiency of the evidence" to convict defendant of possession of cocaine found in his car when he was stopped...

Va. Court of Appeals: Ensley v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Drug Conspiracy - Hearsay - Confrontation Clause The Court of Appeals rejects a defendant's claims that the trial court erred under both state hearsay rules and the Sixth Amendment's Confrontation...

Va. Court of Appeals: Commonwealth v. Lee.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Pre-Conviction Bail - Rebuttable Presumption According to the Court of Appeals, the trial court did not abuse its discretion in admitting to pre-conviction bail a defendant who successfully rebutted...

Va. Court of Appeals: Chaney v. Commonwealth.(Virginia)(Brief article)
May 12, 2008... Byline: Deborah Elkins Criminal - Guilty Plea Withdrawal - Malicious Wounding A defendant who planned to rob another man under the guise of meeting to sell him an AK-47 weapon, and who was involved in a shoot-out with several other...

Va. Court of Appeals: Greene v. Commonwealth.(Virginia)
May 12, 2008... Byline: Deborah Elkins Criminal - Gaming Department - Subpoena A defendant who served as treasurer of the Phoebus Athletic League, which was under investigation by the Virginia Department of Charitable Gaming, and who refused to accept...

Norfolk Circuit Court: Stone v. Moss.
May 12, 2008... Byline: Deborah Elkins Municipal - Delinquent Tax Collection - Negligence - Immunity A city treasurer has qualified immunity from a suit alleging negligence in the collection of delinquent real estate taxes, a Norfolk Circuit Court...

Norfolk Circuit Court: Station #2 LLC v. Lynch.
May 12, 2008... Byline: Deborah Elkins Contract - Tortious Interference - Conspiracy - Restaurant Music In this litigation between a restaurant owner and a developer and contractor who allegedly interfered with the restaurant's operations because of...

Alexandria Circuit Court: Va. Elec. & Power Co. v. Utiliquest LLC.(Brief article)
May 12, 2008... Byline: Deborah Elkins Contract - Attorney's Fees - Indemnity A plaintiff power company who settled its suit with defendant LLC is entitled to attorney's fees under the terms of the parties' contract, an Alexandria Circuit Court holds....

Alexandria Circuit Court: Weichert Co. v. Dunkwu.(Brief article)
May 12, 2008... Byline: Deborah Elkins Creditor's Rights - Satisfied Judgment - Record Correction - Statutory Remedy A debtor who alleges defendant creditor failed to mark a judgment satisfied, and that omission left debtor unable to close on a real...

Verdicts & Settlements May 19, 2008: Complications arise from serious ear infection.
May 19, 2008... Byline: Virginia Lawyers Weekly $2,200,000 Verdict The plaintiff, age 72, was referred to the defendant, a specialist in neurotology and otology for ear pain and drainage. The defendant correctly diagnosed the condition as necrotizing...

Verdicts & Settlements May 19, 2008: Heel, hand fractures caused by collision.(Brief article)
May 19, 2008... Byline: Virginia Lawyers Weekly $400,000 Settlement Plaintiff exited Interstate 195 at the Carytown exit in Richmond, intending to proceed to Ellwood Thompson grocery store. As she approached the intersection of Cary Street and...

Verdicts & Settlements May 19, 2008: Patient breaks leg, cuts forehead in fall from bed.(Brief article)
May 19, 2008... Byline: Virginia Lawyers Weekly $310,000 Verdict A 91-year-old female nursing home patient was allowed to fall from her bed to the floor. As a result of the fall, she sustained a forehead laceration and a non-displaced left femur...

Verdicts & Settlements May 19, 2008: Three insurers provide coverage in pickup crash.(Brief article)
May 19, 2008... Byline: Virginia Lawyers Weekly $1,000,000 Settlement On June 1, 2006, the plaintiff was a front seat passenger in a Ford pickup truck driven by a close friend. The friend/host driver attempted to cross a four-lane divided highway and...

4th Circuit Court of Appeals: Middlebrooks v. Leavitt.(United States Court of Appeals for the 4th Circuit)
May 19, 2008... Byline: Deborah Elkins Employment Discrimination - Public Health Nurse - Title VII - Race An African-American registered nurse who alleges she was not hired by the Public Health Service Commissioned Corps because of race discrimination...

4th Circuit Court of Appeals: In re: Peanut Crop Insurance Litigation.
May 19, 2008... Byline: Deborah Elkins Insurance - Crop Insurance - Quota Rate - Contract Claim In this multi-district class-action litigation brought by peanut farmers who lost their 2002 crops to severe drought, the 4th Circuit vacates summary...

4th Circuit Court of Appeals: U.S. v. Armstead.(United States Court of Appeals for the 4th Circuit)
May 19, 2008... Byline: Deborah Elkins Criminal - Copyright Infringement - Bootleg DVDs - Retail Value A defendant who sold 100 bootleg DVDs to an undercover agent for $500, then sold the agent 200 more DVDs for $1,000, can be convicted of a felony...

4th Circuit Court of Appeals: U.S. v. Tate.(United States Court of Appeals for the 4th Circuit)
May 19, 2008... Byline: Deborah Elkins Criminal - Affidavit Challenge - 'Franks' Hearing - Substantial Showing A defendant facing a weapons charge who said a police officer's search-warrant affidavit intentionally misled the state judge by omitting...

4th Circuit Court of Appeals: U.S. v. Brooks.(Case overview)
May 19, 2008... Byline: Deborah Elkins Criminal - Drug Trafficking - Crack Quantity - Collins Error - Sentencing A drug defendant's jury was not properly instructed that it had to determine the statutory threshold quantities of crack attributable to...

4th Circuit Court of Appeals: U.S. v. Mir.(United States Court of Appeals for the 4th Circuit)(Brief article)
May 19, 2008... Byline: Deborah Elkins Criminal - Sixth Amendment - Lawyer Conversation - Immigration Fraud Although a lawyer and his law firm already were indicted on charges of immigration fraud, recorded conversations with the lawyer initiated by...