Domestic Relations – Appeals – Legal Authority 
By Deborah Elkins
Published: September 29, 2008
The Court of Appeals dismisses wife’s appeal challenging the divorce court’s equitable distribution award, for failure to present legal authority in support of her assignments of error.
Wife contends the trial court erred by awarding her credit for only a 1.5 percent commission on the sale of husband’s prior home and the purchase of the marital [...]
Criminal – Voluntariness Of Statements – Police Interview
By Deborah Elkins
Published: September 29, 2008
A Roanoke U.S. District Court denies suppression of defendant’s statements to police during an interview after his initial indictment, when defendant scoffed at the small quantity of crack cocaine alleged in the indictment and told police he had engaged in drug trafficking from North Carolina to Virginia on a much larger scale.
Defendant moves to suppress [...]
Tort – Business Tort – Legal Malpractice – Conflict Of Interest
By Deborah Elkins
Published: September 29, 2008
A Roanoke U.S. District Court dismisses an oil company’s $25 million legal malpractice and tortious interference suit against the West Virginia law firm that represented the oil company in an effort to buy oil and gas wells in Kentucky, and two of whose partners formed “Elk River Energy LLC” to bid on the same wells; [...]
Civil Rights – Excessive Force – Domestic Violence Call – Bathroom Entry
By Deborah Elkins
Published: September 29, 2008
A man who refused to come out of his bathroom when police responded to a domestic violence call from the man’s wife cannot sue Henrico County police for excessive force for entering the bathroom, a Richmond U.S. District Court says; however, plaintiff has stated a claim for his alleged illegal restraint based on police [...]
Real Estate – Title Insurance – Refinance – Closing Protection Letter
By Deborah Elkins
Published: September 29, 2008
In plaintiff borrower’s suit against defendant title company, plaintiff has no coverage from the title company as a “third party beneficiary” under a Closing Protection Letter the title company issued to her lender, a Richmond U.S. District Court magistrate judge says.
Plaintiff asserts she was a third party beneficiary to the Closing Protection Letter (CPL) issued [...]
Failure to disclose fuse box not grounds for denying claim – $310,000 Verdict
By Virginia Lawyers Weekly
Published: September 29, 2008
Rockingham filed declaratory judgment action to avoid coverage on the basis of alleged material misrepresentations in the application for insurance. The alleged misrepresentations centered on a denial in the application that the home was equipped with fuses as opposed to circuit breakers. A fire had started in the fuse-box panel. Homeowners had [...]
Contract – Mailing List – Confidentiality – Limitations
By Deborah Elkins
Published: September 29, 2008
A mortgage lender whose contracts with a mailing list broker included confidentiality clauses, and who suspected a former employee of the lender of setting up a competing company and using the same mailing list customer criteria developed by plaintiff lender, loses its suit in Alexandria U.S. District Court alleging breach of the confidentiality agreement by [...]
Employment Discrimination – Title VII – Race – Equitable Tolling
By Deborah Elkins
Published: September 29, 2008
An African-American female district manager for the Division of Child Support Enforcement, who was fired at the end of her 12-month probationary period, has the time limit for filing her suit “equitably tolled,” but an Alexandria U.S. District Court says she failed to establish a prima facie case of race discrimination.
First, the court concludes the [...]
Intersection wreck causes brain, neck, back injuries – $125,000 Settlement
By Virginia Lawyers Weekly
Published: September 29, 2008
On May 28, 2004, at approximately 11:30 p.m., the plaintiff stopped at the intersection of King Street and Market Street in Leesburg for a red light. When the light turned green, she proceeded through the intersection and was struck by the defendant on the driver’s side of her car.
The plaintiff’s vehicle spun around and [...]
Criminal – Sentencing – Firearm Enhancement – Drug Crime
By Deborah Elkins
Published: September 29, 2008
In sentencing defendant for cocaine conspiracy, a Richmond U.S. District Court can impose a two-level firearm enhancement based on statements in a presentence investigative report by confidential sources who said they saw defendant in possession of crack cocaine and a firearm together, and knew he often traded crack for firearms.
In determining that an enhancement was [...]
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