Domestic Relations – Visitation – Lesbian Couple Split 
By Deborah Elkins
Published: June 9, 2008
A woman who helped rear her lesbian companion’s biological daughter is not entitled to visitation with the child after the couple separated on a theory that she is a “de facto” or “psychological parent,” the Court of Appeals holds.
On appeal, Christine Stadter contends the trial court erred in refusing to hold that Stadter was a [...]
Criminal – Postal Drug Delivery – Brady Claim
By Deborah Elkins
Published: June 9, 2008
A defendant convicted on marijuana charges after signing for a package from Arizona that contained nearly 200 ounces of marijuana cannot overturn his conviction by arguing the police violated Brady v. Maryland when they failed to provide pretrial disclosure of a cell phone and videotape of surveillance of the house where the package was delivered, [...]
Criminal – Drug Conspiracy – Sentence Reduction – Amendment 706
By Deborah Elkins
Published: June 9, 2008
A Charlottesville U.S. District Court reduces a defendant’s 360-month prison sentence for conspiracy to distribute crack cocaine to 324 months, under Amendment 706 to the federal sentencing guidelines, as changed by Amendment 711.
Based on an addendum to the presentence investigation report, defendant’s amended guideline range would be 292 to 365 months if his guideline range [...]
Criminal – Miranda Waiver – Spanish Translation
By Deborah Elkins
Published: June 9, 2008
Based on the testimony of the two bilingual police officers, from the DEA and from the Brownsville, Tx.., police department, the Norfolk U.S. District Court will suppress statements made by defendant, who speaks no English, because the court finds her waiver of rights and the alleged statement on her transport of heroin into the U.S. [...]
Civil Procedure – Removal – Waiver – Rule Of Unanimity
By Deborah Elkins
Published: June 9, 2008
A plaintiff anesthesiologist who is suing his former practice, its chair and Inova Hospital, for his termination on a complaint that he sexually harassed an Inova employee, loses his objection to defendants’ removal of his Virginia state court action, including his claim for race discrimination in violation of 42 U.S.C. § 1981, to U.S. District [...]
Civil Procedure – P.I. Suit – Diversity – State Court Remand – Fraudulent Joinder
By Deborah Elkins
Published: June 9, 2008
An Alexandria U.S. District Court remands to Fairfax Circuit Court this personal injury suit filed by a wheelchair-bound Fairfax man who alleges injuries from the collapse of an exit ramp on a Dulles Airport shuttle, allegedly negligently installed by defendant Virginia resident who is employed by defendant Air Serv Corporation.
Defendant Jalal Aziz is an Iraqi [...]
Employment Discrimination – Title VII – Female Firefighter – ‘Turnout’ Boots – Foot Injuries
By Deborah Elkins
Published: June 9, 2008
The City of Portsmouth and its fire chief win summary judgment in this Title VII sex discrimination suit filed in Norfolk U.S. District Court by a female firefighter who contends the defendants did not adequately respond to her requests for “turnout” boots sized for female firefighters to wear while fighting fires.
Plaintiff’s claim of gender discrimination [...]
Intellectual Property – False Advertising – Lanham Act – ‘Open Rack’ Shelving
By Deborah Elkins
Published: June 9, 2008
On a recommendation from the magistrate judge, the U.S. District Court in Norfolk enters judgment for defendant design company in plaintiff’s suit alleging false advertising in violation of the federal Lanham Act and the Virginia Code, and dismisses plaintiff shelving company’s suit alleging defendant design construction assistance company made false statements about its “open rack” [...]
Employment Discrimination – Race – Title VII – College Professor
By Deborah Elkins
Published: June 9, 2008
Although plaintiff, a tenured Caucasian professor at a historically black university, has presented evidence that his superiors did not value his research and did not like him, there is no law that prevents superiors from hastening the departure of an employee for these reasons, and plaintiff has failed to state a claim for race discrimination [...]
Consumer Protection – Auto Loan – Return Of Vehicle
By Deborah Elkins
Published: June 9, 2008
In this decision from the U.S. District Court in Richmond, purchasers of a vehicle who changed their mind and returned the vehicle to the dealer but nevertheless were pursued by the dealer for defaulting on the purchase contract, cannot pursue a UCC Article 9 claim against the dealer on the ground that they were entitled [...]
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