Quantcast
Home / 2008 / May (page 20)

Monthly Archives: May 2008

VSB Council reps elected (access required)

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 on council. He also had served six ...

Read More »

Traffic Offenses – DUI – Refusal – Probable Cause (access required)

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 refused to perform field sobriety tests; the Court of Appeals holds that all ...

Read More »

Negligence – FTCA – Premises Liability – Slip & Fall (access required)

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 wheel stop, because the alleged defect ...

Read More »

Lawyers have no appeal of GDC sanction (access required)

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 the district court’s ...

Read More »

Criminal – Obstruction – False Statement – Double Jeopardy (access required)

A defendant who encouraged a potential witness to withhold or present false evidence to federal investigators, and who made false statements to mislead an FBI agent, can be convicted of the separate offenses of obstructing justice and making a false ...

Read More »

Criminal – Gun On Parkway – Notice To Drivers (access required)

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 loaded weapon in a vehicle on the Blue Ridge Parkway by ...

Read More »

Authority of patent judges may allow new legal attack (access required)

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 constitutional authority of agency judges ...

Read More »

Employment – ERISA – Long-Term Disability Benefits – FCE (access required)

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 who suffered from depression, back pain, ulnar nerve damage, hypothyroidism, hyperlipidemia, weight loss, ...

Read More »

A shield but not a sword (access required)

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 ...

Read More »