Criminal – Securities Fraud – Civil Enforcement – Fee Petition 
By Deborah Elkins
Published: September 1, 2008
In this civil enforcement action for securities fraud violations, a magistrate judge for the Charlottesville U.S. District Court recommends approval of all fees and expenses claimed in the receiver’s 23rd application, for an award to the receiver of the remaining 20 percent of all fees in the amount of $13,222.44.
SEC v. Dowdell (Crigler, J.) No. [...]
Tort – FTCA – Prison Inmate – Multiple Attacks
By Deborah Elkins
Published: September 1, 2008
A federal inmate who alleges he informed prison authorities that he had been attacked and was vulnerable to repeat attack by gang members has his claim under the Federal Tort Claims Act dismissed by a Roanoke U.S. District Court.
Plaintiff first asserts a claim for negligence under the FTCA.
The court agrees with the U.S. that a [...]
Employment Discrimination – Race – Disparate Treatment – Security Guard
By Deborah Elkins
Published: September 1, 2008
A private security company that disciplined plaintiff Caucasian male for an altercation with an African-American coworker by reassigning both employees, did not engage in race discrimination by assigning plaintiff to the lower-paying job, because plaintiff did not have the security clearance necessary for the other available job, and an Alexandria U.S. District Court grants summary [...]
Employment Discrimination – Title VII- Race – Army Civilian Employee
By Deborah Elkins
Published: September 1, 2008
A civilian employee of the U.S. Army who served as an assistant sports director in Italy loses on summary judgment his Title VII suit alleging he, a “self-described ‘black’ man,” suffered discrimination and harassment from a white supervisor and a white co-worker.
Even if plaintiff were to establish a prima facie case of discrimination with regard [...]
Teenager falls from car when driver stops quickly – $100,000 Verdict
By Virginia Lawyers Weekly
Published: September 1, 2008
The plaintiff was 15 years old and the front seat passenger in a car occupied by four of his friends. All were between the ages of 15 and 16. While the car was parked, the plaintiff got a call on his cell phone from his girlfriend. Wanting privacy, he got out of the [...]
Labor – FLSA – Attorney’s Fees – Overtime Pay
By Deborah Elkins
Published: September 1, 2008
A commercial real estate company that settled Fair Labor Standards Act overtime pay claims with seven former property accountants in the Norfolk office is ordered by the Norfolk U.S. District Court to pay $139,668 for plaintiffs’ attorney’s fees, but no costs.
The instant case arises out of a claim for overtime pay under 29 U.S.C. §§ [...]
Employment Discrimination – Race – Title VII – Civilian Army Employee – Venue
By Deborah Elkins
Published: September 1, 2008
An African-American civilian employee of the U.S. Army who alleges he lost out to a white co-worker for a promotion because of race discrimination in violation of Title VII has his case transferred from the District of Columbia U.S. District Court to the Alexandria U.S. District Court.
Proper venue for this action cannot be established under [...]
Mediator’s legal conclusion key to resolution of case – $285,000 Settlement
By Virginia Lawyers Weekly
Published: September 1, 2008
This claim arises out of an automobile collision that occurred on Aug. 3, 2003, in Dinwiddie County. Decedent was operating a Craftsman riding lawnmower southbound on state Route 645. At the same time, the defendant was operating a 1995 Dodge Dakota pickup truck southbound on 645. As the defendant attempted to pass [...]
Criminal – Mail Fraud – Conspiracy – Government Contract
By Deborah Elkins
Published: September 1, 2008
An Alexandria U.S. District Court denies a former high-ranking CIA official’s motion to dismiss the bulk of the counts against him in a second superseding indictment (SSI) that charged defendant with wire and mail fraud, conflict of interest, money laundering, conspiracy and related offenses arising from his alleged scheme to steer $2 million in government [...]
Discectomy, fusion related to wreck five years earlier – $518,000 Verdict
By Virginia Lawyers Weekly
Published: September 1, 2008
On Jan. 31, 2001, the 45-year-old plaintiff was traveling on Central Park Boulevard in Fredericksburg when the defendant attempted to make a left turn in front of her and struck her vehicle. The vehicle was a total loss. Liability was admitted.
Immediately after the accident, plaintiff was taken to the emergency room with complaints [...]
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