Criminal – Abduction – Infant Victim 
By Deborah Elkins
Published: August 25, 2008
A defendant’s conviction of “abduction” of an infant is reversed by the Court of Appeals.
Four intruders broke into a home where a woman, a man and the man’s eight-month-old daughter were asleep together in a bed.
One intruder pulled the woman, not child’s mother, into another room. The intruders demanded money from both adults, and the [...]
Search & Seizure – Auto Search – Trespass Arrest
By Deborah Elkins
Published: August 25, 2008
The Court of Appeals affirms defendant’s conviction for possession of cocaine with intent to distribute, discovered in defendant’s car after he was arrested for trespassing.
Pursuant to Virginia v. Moore, 128 S.Ct. 1598 (2008), we conclude the trial court did not err in denying defendant’s motion to suppress evidence found on his person incident to his [...]
Criminal – Malicious Wounding – Transferred Intent – Family Stabbing
By Deborah Elkins
Published: August 25, 2008
A defendant whose daughter was cut when she jumped on defendant in an attempt to halt his knife attack on his wife can be convicted of malicious wounding of the daughter under the doctrine of transferred intent, the Court of Appeals holds.
The appellate court also affirms defendant’s conviction for unlawful wounding of a police officer [...]
Civil Procedure – Discovery Sanctions – Rule 37 – Default Judgment
By Deborah Elkins
Published: August 25, 2008
In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, and her horse farm, which the company claims is the repository of ill-gotten gains, in [...]
Intellectual Property – Copyright Infringement – Catalog Copy – Attorney’s Fees
By Deborah Elkins
Published: August 25, 2008
A defendant company that competes with plaintiff in the sale of “fine jewelry quality” finger splints, that has been ordered to pay statutory damages of $30,000 for its infringement of plaintiff company’s copyright by using nearly identical text to describe its products, is ordered by the Charlottesville U.S. District Court to pay $53,602.93 in attorney’s [...]
Civil Procedure – Discovery Sanctions – Rule 37 – Default Judgment
By Deborah Elkins
Published: August 25, 2008
In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, and her horse farm, which the company claims is the repository of ill-gotten gains, a [...]
Dueling bias claims
By Deborah Elkins
Published: August 25, 2008
When an insulation plant squared off against its insurance carrier on a claim for business interruption loss after a fire, an Alexandria U.S. District Court let each side keep its “disinterested” loss appraiser.
Litigation often gets down to a battle of the experts, with each side seeing bias in the other side’s expert, especially if the [...]
Bankruptcy – Debt Discharge – Student Loan – Undue Hardship
By Deborah Elkins
Published: August 25, 2008
A Harrisonburg U.S. District Court remands this case in which a debtor diagnosed as paranoid-schizophrenic and HIV-positive is attempting to discharge more than $80,000 in student loans obtained from 1989 to 1997 as an “undue hardship” under 11 U.S.C. § 523(a)(8).
In the initial proceeding before the bankruptcy court, debtor testified that he discovered he was [...]
Judge gives plaintiff ERISA win with new high court case
By Peter Vieth
Published: August 25, 2008
An ERISA disability claimant scored a rare win this month as a federal judge in Abingdon interpreted a new decision from the U.S. Supreme Court.
The case is Winebarger v. Liberty Life Assurance Co. (VLW 008-3-318). It was decided by Chief U.S. District Judge James P. Jones.
Plaintiff Garnice Winebarger was a coal miner injured on [...]
Employment Discrimination – Age – Stock Buyout – ERISA Claim
By Deborah Elkins
Published: August 25, 2008
A Charlottesville U.S. District Court says a 55-year-old engineer and corporate officer, who was replaced by a 45-year-old vice president of operations and who claims he was fired because of age discrimination, has failed to state a claim under the Age Discrimination in Employment Act with his general allegations about the company’s emphases on “new [...]
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