Civil Rights – FTCA – VA Hospital – Med-Mal Claim 
By Deborah Elkins
Published: May 19, 2008
In this suit alleging the death of a former patient at the Salem Veterans Administration Medical Center resulted from medical malpractice and negligence under the Federal Tort Claims Act and a civil rights violation under Bivens, the U.S. District Court in Roanoke grants in part plaintiff’s motion to compel discovery, and requires defendant to produce [...]
Contract – Arbitration – Radio Sales
By Deborah Elkins
Published: May 19, 2008
A U.S. District Court in Lynchburg has personal jurisdiction over a South Korean electronics distributor that allegedly ordered 15,000 custom-designed data radios from plaintiff Lynchburg manufacturer, but the court dismisses this breach of contract action because the parties’ contract contains a provision to arbitrate any and all disputes at the International Chamber of Commerce in [...]
Taxation – IRS Summons – Limitations – Tax Assessments
By Deborah Elkins
Published: May 19, 2008
A U.S. District Court in Alexandria grants a petition for enforcement of an IRS summons seeking information from respondent taxpayer related to his income tax liability for tax years 2001 and 2002, over the taxpayer’s objection that the petition is barred by the three-year statute of limitations on tax assessments in 26 U.S.C. § 6501(a).
Here, [...]
Employment Discrimination – Sexual Harassment – Assault – Remittitur
By Deborah Elkins
Published: May 19, 2008
An African-American female bookkeeper who won her suit alleging sexual assault and battery in the workplace by her white male supervisor can keep her damage awards – $40,000 compensatory and $150,000 punitive – as the U.S. District Court in Alexandria denies the defendant employer’s request for remittitur.
Evidence at trial showed the supervisor’s repeated sexually explicit [...]
Consumer Protection – Fair Credit Reporting Act – Limitations – Multiple Reports
By Deborah Elkins
Published: May 19, 2008
A woman who learned in 2003 that she was a victim of identity theft by someone who opened a Lane Bryant credit card account in her name, and who reported the fraudulent act to defendant bank and credit reporting agencies multiple times beginning in 2003, can sue the bank for failure to take remedial action [...]
Civil Procedure – E-Mail Production – AOL Subpoena – Privacy Act
By Deborah Elkins
Published: May 19, 2008
A U.S. District Court in Alexandria quashes a subpoena duces tecum issued by State Farm to AOL to obtain six weeks’ worth of e-mail from an AOL account belonging to insurance adjusters who reported alleged fraud with respect to State Farm’s treatment of a couple’s Hurricane Katrina damage claim.
AOL subscribers Cori and Kerry Rigsby are [...]
Consumers score under Fair Credit Act
By Peter Vieth
Published: May 19, 2008
Consumers won big last week in two federal court rulings interpreting the Fair Credit Reporting Act. In one case, the 4th U.S. Circuit Court of Appeals upheld an award of $80,000 in punitive damages under the FCRA even though the jury found no basis for any actual damages. In the other case, a [...]
Criminal – Sixth Amendment – Defendant’s Initiative – CJA Plan
By Deborah Elkins
Published: May 19, 2008
A defendant who initiated conversations with DEA agents cannot suppress his inculpatory statements as a violation of the Sixth Amendment or the Criminal Justice Act and the District of Maryland’s implementation of the Act, which require that eligible criminal defendants be provided counsel as soon as possible after initiation of adversarial proceedings, the 4th [...]
Civil Rights – Free Speech – Landfill Settlement – Standing
By Deborah Elkins
Published: May 19, 2008
A woman whose husband died in an explosion at a landfill near Ivy, Va., does not have standing to sue the landfill operators for violation of her First Amendment rights on a claim that the landfill operators’ third-party settlement agreements imposing gag orders on the third parties deprived her and her husband of the right [...]
Criminal – Sixth Amendment – Lawyer Conversation – Immigration Fraud
By Deborah Elkins
Published: May 19, 2008
Although a lawyer and his law firm already were indicted on charges of immigration fraud, recorded conversations with the lawyer initiated by two government witnesses after the indictment did not violate the lawyer’s Sixth Amendment right to counsel, the 4th Circuit says, because the conversations related to additional charges of witness tampering.
During a five-week trial, [...]
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