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Prince William County Circuit judge says buyer can't return car after tussle over title.
October 6, 2008... Byline: Deborah Elkins
An SUV buyer who changed his mind could not use a popular consumer protection statute to force the dealer to take back the truck.
The buyer had paid cash for the 2003 Dodge Durango he bought from Luxury Auto...
McLean attorney Joseph A. Condo touts Virginia State Bar's new way to vet judiciary.
October 6, 2008... Byline: Alan Cooper
The confirmation of Alexandria lawyer Anthony J. Trenga last month to a federal district judgeship vindicates the nominating procedures of statewide bar groups and the bipartisan approach of U.S. Senators John Warner...
U.S. District Judge Gerald Bruce Lee finds minority firm can keep $15.2M.
October 6, 2008... Byline: Alan Cooper
Holding a celebration at a company dinner after the firing of a minority subcontractor probably isn't a good idea.
And it's definitely not a good idea to read a letter written in Ebonics that ostensibly was from the...
Gov. Kaine to appoint three judges to Norfolk Circuit Court.(Brief article)
October 6, 2008... Byline: Alan Cooper
Gov. Timothy M. Kaine could appoint three judges to Norfolk Circuit Court as soon as this week, according to sources familiar with the maneuvering among legislators and the governor's staff.
Sen. Kenneth W. Stolle,...
Legal aid lawyers in Virginia work to help homeowners avoid foreclosure.
October 6, 2008... Byline: Peter Vieth
As the avalanche of home foreclosures in Virginia shows no sign of abating, legal aid lawyers have revamped their practices to help people try to hang on to their homes.
The Virginia Poverty Law Center will devote...
Verdicts & Settlements October 6, 2008: Rear-end collision causes epilepsy, neck, back injuries.
October 6, 2008... Byline: Virginia Lawyers Weekly
Plaintiff was the passenger in the front seat of a van being driven by his wife. They were attempting a left turn off of a highway when they were struck from behind by the individual defendant, who was...
Verdicts & Settlements October 6, 2008: Stay-at-home mom killed in wreck in Nelson County.(Brief article)
October 6, 2008... Byline: Virginia Lawyers Weekly
$1,250,000 Settlement
Plaintiff was the executrix of her 48-year-old sister's estate. Decedent was a married mother of two girls, ages 9 and 12. The decedent and her two daughters died in a motor...
4th U.S. Circuit: Md. Dep't of Health & Mental Hygiene v. Centers for Medicare & Medicaid.
October 6, 2008... Byline: Deborah Elkins
Administrative - Medicaid Plan - Post-Eligibility Income - Nursing Home Patients
The 4th Circuit denies a Maryland state Medicaid agency's petition for review of the disapproval of a change to Maryland's State...
U.S. District Court, Eastern District: The Real Truth About Obama Inc. v. Federal Election Comm'n.
October 6, 2008... Byline: Deborah Elkins
Civil Rights - Election Laws - PAC - Abortion Ad
A political group, The Real Truth About Obama Inc., is not entitled to a preliminary injunction to prevent the Federal Election Commission from enforcing...
Alexandria U.S. District Court: Muhammad v. Kelly.
October 6, 2008... Byline: Deborah Elkins
Criminal - Habeas Corpus - Ineffective Assistance
A Virginia death-row defendant known as the Beltway Sniper, who was convicted of the 2002 killing of a Virginia Beach man, has his petition for a writ of habeas...
Richmond U.S. District Court: East Coast Fire Protection Inc. v. Muhammad.
October 6, 2008... Byline: Deborah Elkins
Employment - Contract - Confidentiality Agreement - Injunction Stay
A Richmond U.S. District Court refuses to stay a preliminary injunction granted to plaintiff fire sprinkler company against defendant, a former...
Richmond U.S. District Court: Harris v. Webster.
October 6, 2008... Byline: Deborah Elkins
Civil Procedure - Removal - Remand - Slip & Fall
A magistrate judge of the Richmond U.S. District Court remands this supermarket slip-and-fall case to Virginia state court, rejecting defendant supermarket's claim...
Richmond U.S. District Court: U.S. v. Gibbs.
October 6, 2008... Byline: Deborah Elkins
Criminal - Mail Fraud - Restitution - Currency Investments
A Richmond U.S. District Court denies a motion for restitution filed by a purported victim of a convicted mail fraud defendant's scheme of fraudulent...
Alexandria U.S. District Court: Worldwide Network Services LLC v. Dyncorp Int'l LLC.
October 6, 2008... Byline: Deborah Elkins
Civil Rights - Contract - Race Discrimination - s. 1981 Claim
An Alexandria U.S. District Court refuses to set aside a jury verdict of $15 million for a minority-owned telecommunications service provider who...
Alexandria U.S. District Court: Worldwide Network Services LLC v. Dyncorp Int'l LLC.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Civil Rights - Contract - Race Discrimination - s. 1981 Claim - Attorney's Fees
An Alexandria U.S. District Court awards $1,822,743 in attorney's fees to a minority-owned telecommunications service provider who...
Norfolk U.S. District Court: Wu v. Tseng.
October 6, 2008... Byline: Deborah Elkins
Civil Procedure - Discovery - Sanctions - Attorney's Fees
Defendants who have acted in bad faith in failing to provide certain financial materials in discovery in plaintiff's efforts to enforce a Florida judgment...
Richmond U.S. District Court: Bridges v. Reinhard.
October 6, 2008... Byline: Deborah Elkins
Employment Discrimination - Disability - ADA - Nurse's Allergy
A nurse who alleges she asked defendant state hospital to change its detergent after she suffered a severe respiratory allergic reaction to a...
Alexandria U.S. District Court: Tober v. Aprov.com.
October 6, 2008... Byline: Deborah Elkins
Consumer Protection - Anticybersquatting Protection Act - Domain Name - Common Law Trademark
Although plaintiffs have just barely established a common law trademark right in the Aprov mark used for the Web site...
Abingdon U.S. District Court: Wooten v. Lightburn.
October 6, 2008... Byline: Deborah Elkins
Real Estate - Contract Price - Parcel Acreage - Survey
A buyer of a nearly 2,000-acre parcel in Washington County who seeks an abatement of the $4.25 million purchase price after a field survey revealed the...
Virginia Court of Appeals: Rodgers v. Rodgers.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Domestic Relations - Custody - Change In Circumstances
Although father contends there was not a material change in circumstances that would warrant a change from joint legal custody to sole custody to mother, the...
Virginia Court of Appeals: Milian v. Commonwealth.
October 6, 2008... Byline: Deborah Elkins
Search & Seizure - Warrant - Affidavit - Cocaine Distribution
A man who provided information to police about giving defendant money for a mortgage, which defendant spent without providing the mortgage, provided...
Virginia Court of Appeals: Thomas v. City of Hampton.
October 6, 2008... Byline: Deborah Elkins
Criminal - Disorderly Conduct - Local Ordinance
Although defendant contends he could have been convicted of other offenses under the other-crimes proviso of Hampton City Code s. 24-12, the Court of Appeals...
Virginia Court of Appeals: Piggott v. Commonwealth.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Criminal - Attempted Capital Murder - Law Enforcement Officer - Vehicle Assault
A defendant who drove directly toward a police officer who had positioned himself to deploy stinger spike strips to blow out...
Virginia Court of Appeals: Boone v. Commonwealth.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Criminal - Marijuana - Intent To Distribute
There was sufficient evidence to convict defendant of possession of marijuana with intent to distribute, the Court of Appeals says, in light of his possession of two...
Virginia Court of Appeals: Angel v. Prince George Dep't of Social Servs.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Domestic Relations - Termination Of Parental Rights - Mom's Mental Condition
Although a mother contends the evidence was insufficient to prove that her mental or emotional illness was so severe she could not care...
Virginia Court of Appeals: Jordan v. Commonwealth.
October 6, 2008... Byline: Deborah Elkins
Criminal - Murder One - Girl At Party - Decomposed Body
The Court of Appeals affirms defendant's first-degree murder conviction in the death of a 19-year-old young woman who defendant allegedly said he would walk...
Virginia Court of Appeals: Swanson v. Commonwealth.
October 6, 2008... Byline: Deborah Elkins
Criminal - Attempted Malicious Wounding - Ramming Police Cruiser
A defendant who repeatedly eluded police during a pursuit that began with a speeding violation, and who several times stopped in front of a police...
Virginia Court of Appeals: Stevens v. Commonwealth.
October 6, 2008... Byline: Deborah Elkins
Criminal - Cocaine Distribution - Certificate Of Analysis
At defendant's cocaine trial, the trial court did not err in admitting a certificate of analysis as improperly filed in a related case charging...
Virginia Court of Appeals: Santos v. Franklin County DSS.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Domestic Relations - Termination Of Parental Rights - Transcript
The Court of Appeals affirms termination of a father's parental rights to his two sons and two daughters because he failed to file a transcript of...
Virginia Court of Appeals: Meadows v. Smith.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Civil Procedure - Appeals - Contempt
The Court of Appeals affirms a decision by the trial court finding appellant in contempt for violating prior court orders, as appellant's opening brief contains no argument,...
Roanoke County Circuit Court: Commonwealth v. Peterson.
October 6, 2008... Byline: Deborah Elkins
Search & Seizure - Parked Car - 'Community Caretaker' Doctrine
Even if an officer seized defendant by tapping on the window of his parked car at 4:30 a.m., there was no basis to suspect criminal activity or a...
Roanoke City Circuit Court: Commonwealth v. Thompson.
October 6, 2008... Byline: Deborah Elkins
Criminal - Robbery - Identification - Police Custody
Although a showup to identify robbery suspects was impermissibly suggestive, a Roanoke City Circuit Court will allow the robbery victims' identification of the...
Charlottesville Circuit Court: Finelli v. Commonwealth.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Medical Malpractice - Discovery - Medical Committee Privilege
After in camera review of the disputed documents, a Charlottesville Circuit Court denies plaintiff discovery of the documents that are protected under...
Charlottesville Circuit Court: DeLoach v. Zavacky.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Negligence - Auto Accident - Vehicle Value - 'Totaled' Car
A defendant driver of a vehicle that struck plaintiff's 1985 Alfa Romeo Spider convertible on the driver's side rear quarter panel is ordered by a...
Virginia Circuit Courts: Rolander v. Luxury Auto Sales of Dumfries.
October 6, 2008... Byline: Deborah Elkins
Consumer Protection - Auto Purchase - Contract Rescission
A Dodge Durango buyer who agreed to return to the dealership to retrieve the title to the vehicle once his check cleared, but who neglected to do so and...
Charlottesville Circuit Court: Costan v. Stratos.
October 6, 2008... Byline: Deborah Elkins
Real Estate - Church Property Transfer - Jurisdiction
A Charlottesville Circuit Court holds that it can adopt a neutral principles of law approach that will allow it to review a transfer of real estate within a...
Charlottesville Circuit Court: Muzyka v. Anthem Health Plans of Va.(Brief article)
October 6, 2008... Byline: Deborah Elkins
Insurance - Breach Of Contract - Bad Faith
A Charlottesville Circuit Court rejects an insured's claims of breach of contract and bad faith against defendant health insurance carrier, and dismisses plaintiff's...
Norfolk Circuit Court: Phillips v. BJ's Wholesale Club Inc.
October 6, 2008... Byline: Deborah Elkins
Negligence - Premises Liability - Wholesale Club - Shooting
A woman can sue the Wholesale Club where she worked - but not the store manager - for the store's failure to adequately warn or provide security from...
Virginia Court of Appeals: Demuth v. Demuth.
October 13, 2008... Byline: Deborah Elkins
Domestic Relations - Custody - Mom's Move - Reversion
A trial court erred in ordering that primary physical custody of the parties' child would revert from mother to father if mother moved out of Virginia or more...
Virginia Court of Appeals: Austin v. Newport News Dep't of Human Servs.(Brief article)
October 13, 2008... Byline: Deborah Elkins
Domestic Relations - Termination Of Parental Rights - Substance Abuse
The Virginia Court of Appeals upholds termination of the parental rights of a father who admitted to drug abuse including sniffing drugs, and...
Roanoke County Circuit Court: Marsinko v. Burwell, et al.
October 13, 2008... Byline: Deborah Elkins
Civil Procedure - Jurisdiction - Personal Appearance - Subpoena Request
A defendant corporation that filed a subpoena duces tecum in circuit court has made a general appearance and submitted to the court's...
Supreme Court nixes appeal of ex-prof.(Brief article)
October 13, 2008... Byline: Virginia Lawyers Weekly Staff
The U.S. Supreme Court has turned away an appeal from a former Florida professor once accused of being a top Palestinian terrorist.
The high court's decision last week means that Sami Al-Arian, who...
Divorce cases: when and how to use vocational experts.(Virginia)
October 13, 2008... Byline: Deborah Elkins
The easiest way to get a divorce court to impute income to a spouse is to show the spouse chose to leave a specific, higher-paying job.
A case in point came down last week, when the Virginia Court of Appeals...
U.S. Magistrate Judge Urbanski says providing ignorant company rep at deposition was abuse.(Judge Michael F. Urbanski)
October 13, 2008... Byline: Peter Vieth
In what could be called the Case of the Clueless Corporate Representative, a company sued for wrongful termination won't be able to claim it fired a man for financial reasons.
The company provided a company witness...
U.S. district judge: Northern Virginia condo buyers stuck with deal, however bad.
October 13, 2008... Byline: Alan Cooper
U.S. District Judge Gerald Bruce Lee could well understand why purchasers of condos in the Merrifield Town Center in Northern Virginia might want to get out of contracts they had signed in June 2005.
In the...
Verdicts & Settlements October 13, 2008: Auto crosses double yellow line, strikes motorcycle.(Brief article)
October 13, 2008... Byline: Virginia Lawyers Weekly
An automobile crossed the double yellow lines of a two-lane road and struck a motorcycle in the opposite lane of travel.
The husband and driver of the motorcycle, age 48, suffered traumatic left leg...
Verdicts & Settlements October 13, 2008: Woman's arm amputated after driver loses control.
October 13, 2008... Byline: Virginia Lawyers Weekly
Plaintiff was riding as a passenger in a vehicle being driven by a friend when the vehicle went off the shoulder of the road, struck three trees and landed in a ditch approximately 20 feet below the roadway....
Alexandria U.S. District Court: Kelley v. USA, Skyworld Aviation Inc.
October 13, 2008... Byline: Deborah Elkins
Civil Procedure - Choice Of Law - Md. Law - Loss Of Consortium
An Alexandria U.S. District Court applies Maryland law to allow a loss of consortium claim by a Virginia man whose wife was injured in a plane crash...
Alexandria U.S. District Court: Bartley v. Merrifield Town Center LP.
October 13, 2008... Byline: Deborah Elkins
Real Estate - Contract Rescission - Condo Purchase - Interstate Land Disclosure Act
Eight buyers into a Falls Church condominium development who saw the condos they wanted to buy in 2005 lose 20 percent of their...
Newport News U.S. District Court: U.S. v. McMillan.
October 13, 2008... Byline: Deborah Elkins
Search & Seizure - Traffic Stop - Window Tint - Passenger Search
A Newport News U.S. District Court denies defendant's motion to suppress two plastic bags containing cocaine and marijuana discovered on his...
Alexandria U.S. District Court: Mansfield v. Anesthesia Associates Ltd.
October 13, 2008... Byline: Deborah Elkins
Employment Discrimination - Practice Contract Termination - Sexual Harassment Complaint
An African-American anesthesiologist who is suing his former practice, its chair and Inova Hospital, for his termination on...
Alexandria U.S. District Court: Grissom v. The Mills Corp.
October 13, 2008... Byline: Deborah Elkins
Employment - Sarbanes-Oxley - Whistleblower - Attorney's Fees
An Alexandria U.S. District Court has awarded plaintiff whistleblower $325,484 in attorney's fees and costs, in a case pending on appeal, in which the...
Big Stone Gap U.S. District Court: U.S. v. Gagnon.
October 13, 2008... Byline: Deborah Elkins
Criminal - Interstate Stalking - Insanity Defense - Conditional Release
A Big Stone Gap U.S. District Judge denies conditional release of a defendant who in 2007 was acquitted of interstate stalking by reason of...
Abingdon U.S. District Court: U.S. v. Thompson.(Brief article)
October 13, 2008... Byline: Deborah Elkins
Criminal - Bond Conditions - False SSN Use
A woman who pleaded guilty to use of a false social security number has her motion to modify conditions of bond denied by an Abingdon U.S. District Court because she has...
U.S. Bankruptcy Court: Tolley v. Obaugh Ford Inc.
October 13, 2008... Byline: Deborah Elkins
Bankruptcy - Judgment Lien - Car Purchase
A Harrisonburg U.S. Bankruptcy Court denies debtors' motion to void a judgment lien obtained by defendant car dealership on a judgment docketed in Augusta County Circuit...
U.S. Bankruptcy Court: FIA Card Services v. Jimenez.
October 13, 2008... Byline: Deborah Elkins
Bankruptcy - Dischargeability Of Debt - Pleading Amendment
A creditor may amend its complaint to determine dischargeability of a debt in order to correct a misnomer naming husband as a creditor on a credit card...
U.S. Bankruptcy Court: Davis v. ABN AMRO Mortgage Group.
October 13, 2008... Byline: Deborah Elkins
Bankruptcy - Mortgage Assignment - Loan Payment - Contract
Debtors whose home mortgage loan went into default and foreclosure after their original lender, instead of forwarding debtor's mortgage payment on to the...
Virginia Court of Appeals: Singleton v. Commonwealth.
October 13, 2008... Byline: Deborah Elkins
Attorneys - Contempt Citation - Continuance Order - Rule 5A:18
A defense lawyer who did not appear for a scheduled trial date and told his client he need not show up can be cited for contempt, the Court of...
Virginia Court of Appeals: Bowden v. Commonwealth.
October 13, 2008... Byline: Deborah Elkins
Criminal - Aggravated Sexual Battery - Forcible Sodomy - Lesser-Included Offense
A trial court erred when it held that aggravated sexual battery is a lesser-included offense of forcible sodomy, and the Court of...
Virginia Court of Appeals: Hamilton v. Hamilton.(Brief article)
October 13, 2008... Byline: Deborah Elkins
Domestic Relations - Child Support - Imputed Income
A divorce court did not err in imputing income to mother, who after retiring from a 20-year career with the Navy, left a position that paid $24.55 per hour to...
Alexandria U.S. District Court: Rossmann v. Lazarus.(Brief article)
October 20, 2008... Byline: Deborah Elkins
Consumer Protection - Home Sale - Incarcerated Seller
In this suit filed by a home seller who used a lawyer, real estate agent and a power of attorney granted to his uncle to sell his home while he was...
Alexandria U.S. District Court: iCore Networks Inc. v. McQuade Brennan LLP.
October 20, 2008... Byline: Deborah Elkins
Contract - Accounting Fraud - Partner Liability - D.C. Law
A corporate client that is suing an accounting firm whose employee embezzled hundreds of thousands of dollars cannot also sue the individual partner who...
Alexandria U.S. District Court: Builders Management Ins. Co. v. R.G. Mgmt. Services Inc.
October 20, 2008... Byline: Deborah Elkins
Insurance - CGL & Umbrella Policies - Employer's Exclusion - Employee Injury
An employer being sued by an employee who alleged the employer knew about his condition of epilepsy but still failed to accommodate his...
Richmond U.S. District Court: Capital One Bank (USA) N.A. v. Hess Kennedy Chartered LLC.
October 20, 2008... Byline: Deborah Elkins
Civil Procedure - Discovery - Credit Counseling Agency - Tax Returns
A credit card company that is suing a consumer credit counseling agency and law firms for tortious interference for allegedly advising clients...
Richmond U.S. District Court: Marshall v. Seekins.
October 20, 2008... Byline: Deborah Elkins
Civil Rights - Bivens Action - Injunction - Jurisdiction
A former medical technologist at a Veterans Administration Medical Center who was terminated for removal of and refusal to return confidential personnel...
Alexandria U.S. District Court: Blackstock v. U.S.
October 20, 2008... Byline: Deborah Elkins
Criminal - Post-Conviction Relief - AEDPA
A petitioner's motion under 28 U.S.C. s. 2255 for post-conviction relief after his 1993 conviction of using a firearm in relation to drug trafficking is untimely, but he...
Alexandria U.S. District Court: Mann v. Heckler & Koch Defense Inc.
October 20, 2008... Byline: Deborah Elkins
Contract - Government - Secret Service Rifles - False Claims Act
A former employee of a government contractor that bid on a contract to provide the U.S. Secret Service with rifles with ambidextrous selector...
Richmond U.S. District Court: U.S. v. Epps.
October 20, 2008... Byline: Deborah Elkins
Criminal - Speedy Trial - Cocaine Base - Competency Hearing
Where fewer than 70 days have elapsed before defendant filed his motion for a competency evaluation, the speedy trial statutory period was tolled by the...
Danville U.S. District Court: U.S. v. Brown.
October 20, 2008... Byline: Deborah Elkins
Criminal - Superseding Indictment - Drug Charge - Quantity
A defendant indicted in 1999 for possession of more than five grams of cocaine base, who went missing until 2008, loses his motion to dismiss a...
Charlottesville U.S. District Court: McIntyre v. Aetna Life Insurance Co.
October 20, 2008... Byline: Deborah Elkins
Employment - ERISA - LTD Benefits - Airline Pilot - Diabetes
An airline pilot who was disqualified from performing that work by the Federal Aviation Administration after he became an insulin-dependent diabetic...
Roanoke U.S. District Court: Carr v. Hazelwood.
October 20, 2008... Byline: Deborah Elkins
Civil Rights - Prison Litigation Act - Assault - Exhaustion Of Remedies
A female inmate who alleges she was sexually assaulted by defendant while she was housed at the Pittsylvania County Jail can pursue her...
Danville U.S. District Court: Scruggs v. Danville Regional Medical Center of Va. LLC.
October 20, 2008... Byline: Deborah Elkins
Medical Malpractice - EMTALA - Triage - Diabetic Condition
A plaintiff who alleges he was not examined and treated for over 11 hours after he appeared at defendant's emergency room, and that the triage nurse who...
Abingdon U.S. District Court: In the Matter of the Searches of Business Premises.
October 20, 2008... Byline: Deborah Elkins
Search & Seizure - Return Of Property - Pending Investigation
Searches pursuant to warrant on May 29, 2008, were legal even though petitioners were not at that time allowed to see the affidavit in support of the...
Virginia Court of Appeals: Calloway v. Commonwealth.(Brief article)
October 20, 2008... Byline: Deborah Elkins
Criminal - Suspended Sentences - Revocation
A defendant who received suspended sentences for his conviction of felony hit-and-run and related offenses, has those suspensions revoked for multiple violations of the...
Virginia Court of Appeals: Carter v. Commonwealth.
October 20, 2008... Byline: Deborah Elkins
Criminal - Child Abuse & Neglect - Girlfriend's Infant
A defendant who was left to care for his live-in girlfriend's five-month-old infant and who used 150-degree water to rinse off the infant after he vomited,...
Virginia Court of Appeals: Clark v. Orange County Dep't of Social Servs.(Brief article)
October 20, 2008... Byline: Deborah Elkins
Domestic Relations - Termination Of Parental Rights - Housing
A trial court did not err in terminating a father's parental rights to a child with whom he did not maintain contact and for whom he failed to make...
Virginia Court of Appeals: McLean v. Commonwealth.(Brief article)
October 20, 2008... Byline: Deborah Elkins
Criminal - Second-Degree Murder - Exotic Dancer
An exotic dancer for an escort service who made a repeat visit to the victim's home and whose husband later entered the home on a ruse saying he was her brother has...
Virginia Court of Appeals: Rader v. Goochland County Dep't of Social Servs.
October 20, 2008... Byline: Deborah Elkins
Domestic Relations - Permanent Foster Care - Visitation
The Court of Appeals upholds a trial court decision approving a permanent foster care plan for her minor child that refused to grant specific visitation to...
Botetourt County Circuit Court: Advanced Transportation & Logistics Inc. v. Botetourt County.
October 20, 2008... Byline: Deborah Elkins
Contract - Municipal - Waste Hauling - VPPA
A Botetourt County Circuit Court says the Virginia Public Procurement Act applies to a county's decision to extend a waste hauling contract under the county's solid...
Brunswick County Circuit Court: Lane v. Saint Paul's College.
October 20, 2008... Byline: Deborah Elkins
Negligence - Student Athlete - Game Security
A Brunswick County Circuit Court overrules a college athletic association's demurrer to a negligence action filed by a college-student athlete on the Livingstone...
Richmond U.S. District Court: Roberts v. The Shaw Group Inc.
October 20, 2008... Byline: Deborah Elkins
Employment Discrimination - Title VII - Exhaustion - Employer Name
A woman who alleged sexual harassment and named Shaw Constructors as the only employer in her EEOC filing did not exhaust her claim against the...
Alexandria U.S. District Court: Flexible Benefits Council v. Feldman.
October 20, 2008... Byline: Deborah Elkins
Civil Procedure - Discovery - Attorney-Client Privilege
In this suit by a nonprofit corporation claiming identity theft by its former executive director and suing for trademark infringement, cybersquatting,...
Alexandria U.S. District Court: Rossmann v. Lazarus.
October 20, 2008... Byline: Deborah Elkins
Consumer Protection - Home Sale - Incarcerated Seller - Contract Claims
In this suit by a home seller who used a lawyer, real estate agent and a power of attorney granted to his uncle to sell his home while he...
Hopewell judge may face questions on Judicial Inquiry and Review Commission report.(Jacqueline R. Waymack)
October 20, 2008... Byline: Alan Cooper
Hopewell J&DR Judge Jacqueline R. Waymack will seek another six-year term on the bench during the 2009 General Assembly session, but she may be asked to explain a finding of misconduct by the Judicial Inquiry and Review...