Search & Seizure – Warrant – Affidavit – Cocaine Distribution 
By Deborah Elkins
Published: October 6, 2008
A man who provided information to police about giving defendant money for a mortgage, which defendant spent without providing the mortgage, provided sufficient information to allow police to obtain a warrant, which led to the discovery of cocaine, and the Court of Appeals affirms his drug conviction.
The U.S. Supreme Court held in Franks v. Delaware, [...]
Domestic Relations – Custody – Change In Circumstances
By Deborah Elkins
Published: October 6, 2008
Although father contends there was not a material change in circumstances that would warrant a change from joint legal custody to sole custody to mother, the Court of Appeals upholds the custody change.
Father contends the only change since the last custody order was that he took his son to get his hair cut. He argues [...]
Real Estate – Contract Price – Parcel Acreage – Survey
By Deborah Elkins
Published: October 6, 2008
A buyer of a nearly 2,000-acre parcel in Washington County who seeks an abatement of the $4.25 million purchase price after a field survey revealed the parcel contained only about 1,800 acres, wins $390,244 in damages, when an Abingdon U.S. District Court accepts the findings of an advisory jury on the buyer’s claims for specific [...]
CSX freight train, dump truck collide at plant in Suffolk – Defense Verdicts
By Virginia Lawyers Weekly
Published: October 6, 2008
These two cases, consolidated for trial, involved the collision of a CSX freight train and a dump truck at a private grade crossing located at the Vulcan Materials plant in Suffolk. Plaintiff Thompson was the engineer on the train and plaintiff Turner was the conductor.
The ACD & Sons dump truck, driven by Andre Daniel, [...]
Consumer Protection – Anticybersquatting Protection Act – Domain Name – Common Law Trademark
By Deborah Elkins
Published: October 6, 2008
Although plaintiffs have just barely established a common law trademark right in the “Aprov” mark used for the Web site of their London introduction and escort agency, “Agency Provocateur,” an Alexandria U.S. District Court says they are not protected by the anticybersquatting statute because they did not show that the “Aprov” mark was “used in [...]
Employment Discrimination – Disability – ADA – Nurse’s Allergy
By Deborah Elkins
Published: October 6, 2008
A nurse who alleges she asked defendant state hospital to change its detergent after she suffered a severe respiratory allergic reaction to a chemical in the hospital’s detergent, has stated a claim under the Americans with Disabilities Act, a magistrate judge in the Richmond U.S. District Court holds.
Plaintiff, a registered nurse, alleges she stated when [...]
Civil Procedure – Discovery – Sanctions – Attorney’s Fees
By Deborah Elkins
Published: October 6, 2008
Defendants who have acted in bad faith in failing to provide certain financial materials in discovery in plaintiff’s efforts to enforce a Florida judgment face sanctions that include over $11,000 in attorney’s fees, in this decision by a Norfolk U.S. District Court.
This case is one of many arising out of plaintiffs’ attempts to satisfy an [...]
Civil Rights – Contract – Race Discrimination – § 1981 Claim – Attorney’s Fees
By Deborah Elkins
Published: October 6, 2008
An Alexandria U.S. District Court awards $1,822,743 in attorney’s fees to a minority-owned telecommunications service provider who worked as a subcontractor to defendant Dyncorp in Iraq and Afghanistan and who won $15,202,681 in compensatory and punitive damages in a suit alleging that Dyncorp violated 42 U.S.C. § 1981 prohibiting race discrimination in contracting, for actions [...]
Forestalling Foreclosure
By Peter Vieth
Published: October 6, 2008
As the avalanche of home foreclosures in Virginia shows no sign of abating, legal aid lawyers have revamped their practices to help people try to hang on to their homes.
The Virginia Poverty Law Center will devote three sessions to foreclosure issues at its annual statewide legal aid conference in Virginia Beach next month. The Southwest [...]
Civil Rights – Contract – Race Discrimination – § 1981 Claim
By Deborah Elkins
Published: October 6, 2008
An Alexandria U.S. District Court refuses to set aside a jury verdict of $15 million for a minority-owned telecommunications service provider who worked as a subcontractor to defendant Dyncorp in Iraq and Afghanistan and who alleged Dyncorp violated 42 U.S.C. § 1981 prohibiting race discrimination in contracting, with actions taken to force plaintiff out of [...]
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