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Monthly Archives: May 2008

Employment – County Employee – Post-Termination Resolution (access required)

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 environmental control director when, after the director’s termination, the board passed a resolution requesting ...

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Civil Rights – Schools – Disabled Student – ADA – Exhaustion (access required)

Although a disabled male high school student who was suspended after an encounter with a female student did not sue under the Individuals with Disabilities Act, but under the Americans with Disabilities Act and Title V of the Rehabilitation Act, ...

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Employment – Contract – Noncompete – IT Consultant (access required)

A U.S. District Court in Alexandria dismisses an information technology company’s lawsuit against a former consultant, who left plaintiff IT company and worked as a contractor for The Peace Corps, allegedly providing comparable IT services and systems maintenance, and who ...

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Corporate – LLC – Derivative Action (access required)

A plaintiff who owns a 2 percent share of a profitable Fairfield Inn Hotel in Chester, Va., who alleges that defendant fellow owners have conspired against her, defrauded her and taken over the management of the LLC, cannot sue individually ...

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Criminal – Sentencing – Crack Cocaine Amendments (access required)

A Norfolk U.S. District Court denies defendant’s “Emergency Motion to Correct Sentence,” but will, on its own motion, reduce defendant’s sentence to the greater of either 106 months imprisonment or “time served”; and his modified sentence is proportional to the ...

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Criminal – Habeas Corpus – Ineffective Assistance – Guilty Plea – Cooperation (access required)

A Norfolk federal judge rejects a federal prisoner’s motion for post-conviction relief under 28 U.S.C. § 2255 based on a claim that defendant’s trial counsel was constitutionally ineffective because he failed to object to an unnoticed, upward variance in defendant’s ...

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Criminal – Cell Phone – Cocaine Buy – Personal Use (access required)

Although buying cocaine on the street for personal use may only be a misdemeanor, defendant’s use of a cell phone to arrange the buy brought the transaction under 21 U.S.C. § 843(b), which covers use of a “communication facility” to ...

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Criminal – Guilty Plea – Rule 11 Colloquy – Magistrate Authority (access required)

Although a drug defendant who wants to withdraw his guilty plea argues there is a distinction between a magistrate judge’s authority to conduct a Rule 11 plea colloquy and authority to accept the guilty plea, the 4th Circuit says the ...

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Criminal – Mail & Wire Fraud – E-Bay Coin Auction – Sentencing (access required)

After the 4th Circuit vacated a Norfolk federal judge’s 12-month prison sentence for an E-Bay seller who defrauded coin buyers but who led a “spotless life” up to that point, the defendant seller had to settle for a 36-month sentence, ...

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