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 [...]
Smokes-smugglers ring snuffed out in Alexandria
By News in Brief
Published: August 25, 2008
ALEXANDRIA — Authorities say they’ve broken up a major cigarette-smuggling ring in Northern Virginia.
According to documents filed in federal court, conspirators in New York paid smugglers in Fairfax County more than $4 million for about 200,000 cartons of cigarettes over two years.
Officials say many of the deals were done at an Annandale restaurant. Cigarettes were [...]
Kaine backs preservation plan for Fort Monroe
By News in Brief
Published: August 25, 2008
Governor Tim Kaine is endorsing a plan for the future of Fort Monroe, saying it ensures the preservation of the historic Hampton property for generations to come.
The governor on Tuesday backed a plan developed by the Fort Monroe Federal Area Development Authority, which is assessing the base’s future once the military departs in 2011.
The authority [...]
Civil Rights – College Student Expulsion – Sexual Misconduct Offense – Due Process
By Deborah Elkins
Published: August 25, 2008
A Roanoke U.S. District Court grants summary judgment to defendant dean of student affairs at Radford University on plaintiff student’s claim under 42 U.S.C. § 1983 alleging he was denied due process in the university’s expulsion of the student for sexual misconduct.
Plaintiff was a third-year nursing student at Radford. He, his graduate student wife and [...]
Liberty U. fined for wetland, stream damage
By News in Brief
Published: August 25, 2008
LYNCHBURG—Liberty University has agreed to pay $9,270 in fines for minor wetland and stream damage resulting from a dorm project.
Department of Environmental Quality enforcement officer Marvin Booth says the damage involved a small amount of forest wetlands and 65 feet of a small stream.
Booth says the DEQ also ordered Liberty to create a small amount [...]
VDOT launches new traffic info Web site
By News in Brief
Published: August 25, 2008
The Virginia Department of Transportation is launching an improved 511 traffic information Web site.
Officials say the new site allows travelers to personalize information about construction, accidents and driving directions.
Travelers can also receive free mobile alerts.
The free 511 system provides users with incident and construction information. That information is gathered from VDOT crews, safety service patrols, [...]
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