Labor – ERISA – Pension Fund – Sheet Metal Union – Exit Contribution 
By Deborah Elkins
Published: June 30, 2008
In this dispute over a sheet metal workers union’s assessment of an “Exit Contribution” payment on defendant employer, an awning company, under a Trust Agreement allegedly executed by the parties, an Alexandria U.S. District Court declines to dismiss the union’s ERISA complaint but denies it summary judgment.
Withdrawal under ERISA is determined by 29 U.S.C. § [...]
Court withdraws order on notice of appeal
By Alan Cooper
Published: June 30, 2008
Oops!
The Supreme Court of Virginia is never so direct – or colloquial.
But that appears to be what it is saying in withdrawing a published order holding that a notice of appeal is ineffective if it is filed after a judge rules from the bench but before a written order is entered.
That order came down June [...]
‘Scary’ stuff: Defaults and sanctions on the rise
By Alan Cooper
Published: June 30, 2008
VIRGINIA BEACH—Senior Virginia Supreme Court Justice Elizabeth B. Lacy insisted that the court is not playing “gotcha” with litigants.
“We want to deal with substantive issues,” she said as a member of a panel at the Virginia State Bar annual meeting earlier this month.
But she acknowledged that the two state appellate courts appear to be refusing [...]
Civil Rights – Protective Order – Jurisdiction – Domestic Relations Exception
By Deborah Elkins
Published: June 30, 2008
A Richmond U.S. District Court says that the “domestic relations” exception to federal jurisdiction would not prevent the federal court from hearing a father’s due process claim that he did not receive notice and an opportunity to be heard prior to a Portsmouth JDR Court’s issuance of a protective order to plaintiff’s wife, a practicing [...]
Wiley’s GP award win is a first for government lawyers
By Peter Vieth
Published: June 30, 2008
VIRGINIA BEACH—This year’s Tradition of Excellence award, the annual accolade given by the Virginia State Bar’s General Practice Section, went to a man who has devoted his career to government law. In honoring Richmond lawyer Roger C. Wiley Jr., the VSB sought to give recognition to local government lawyers as general practitioners.
Now in private [...]
Intellectual Property – Patent Infringement – Dialing Device – Claim Construction
By Deborah Elkins
Published: June 30, 2008
In this patent litigation involving a “credit-card sized dialing device,” a Richmond U.S. District Court issues this claim construction decision that covers the disputed terms “couplable,” “credit-card sized” and “processor.”
The parties have briefed the claim construction issue and the court has held a hearing pursuant to Markman v. Westview Instruments Inc., 517 U.S. 370 (1996), [...]
Bankruptcy – Plan Confirmation – Ch. 13 – Bad Faith
By Deborah Elkins
Published: June 30, 2008
A Richmond U.S. District Court affirms a bankruptcy court’s dismissal of a Chapter 13 petition in which debtor husband filed an “Affidavit of Truth” in which he copied provisions of “The Unitted States Constitution” and alleged he was a “de jure organic government.”
Debtors failed, and often refused, to comply with their statutorily mandated obligations, such [...]
Contract – Government Contract – False Claims Act
By Deborah Elkins
Published: June 30, 2008
An Alexandria U.S. District Court dismisses a relator’s False Claims Act claim because the plaintiff’s claim based on a false certification theory fails, as the form identified by the relator as the source of the false certification does not contain an express certification, as required under the Act.
The relator is a former contract administrator who [...]
Bar groups lauded for outstanding projects
By Virginia Lawyers Weekly
Published: June 30, 2008
VIRGINIA BEACH—The Virginia State Bar’s Conference of Local Bar Associations holds an Awards of Merit competition each year to recognize outstanding public service projects conducted by local and specialty bars throughout the commonwealth.
The awards given are divided into two categories:
• An Award of Merit, the highest award given to a project, and
• A Certificate of Achievement, recognizing [...]
Troutman Sanders to merge with law firm in District
By Alan Cooper
Published: June 30, 2008
Troutman Sanders LLP will merge with a Washington-based firm on Jan. 1 in a transaction that will expand the critical mass in the Atlanta firm’s D.C. office and provide a presence in the Midwest and on the West Coast.
Troutman Chairman Robert W. Webb Jr. said the merger with Ross, Dixon & Bell LLP “is very [...]
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