2008 October 20 | Virginia Lawyers Weekly - Part 3

Tech use during trial is topic of Richmond Bar program

By News in Brief
Published: October 20, 2008

The Richmond Bar Association will present a program Tuesday, Oct. 21, on the use of technology in presenting evidence during trials.
The program – “Can They Do That? Use and Abuse of Basic Courtroom Technology” – will be held at the 2nd Floor Conference Room at 707 E. Main Street in Richmond at 4 p.m.
Panelists are [...]

Medical Malpractice – EMTALA – Triage – Diabetic Condition

By Deborah Elkins
Published: October 20, 2008

A plaintiff who alleges he was not examined and treated for over 11 hours after he appeared at defendant’s emergency room, and that the triage nurse who saw him on his arrival and prioritized him as “non-urgent” failed to include his history of diabetes or diabetic ketoacidosis condition, has stated a claim for violation of [...]

Civil Rights – Prison Litigation Act – Assault – Exhaustion Of Remedies

By Deborah Elkins
Published: October 20, 2008

A female inmate who alleges she was sexually assaulted by defendant while she was housed at the Pittsylvania County Jail can pursue her claim under § 1983 because defendant waived the affirmative defense of failure to exhaust available remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), a Roanoke U.S. District [...]

VSB Disciplinary Actions

By Virginia Lawyers Weekly
Published: October 20, 2008

On Aug. 22, 2008, the Virginia State Bar Disciplinary Board suspended Bernadette Wilbon O’Neal’s license to practice law in Virginia for an indefinite period. According to the VSB, the suspension was based on a May 28, 2008, decision by the Maryland Court of Appeals to indefinitely suspend O’Neal’s license to practice law in that state. [...]

Employment – ERISA – LTD Benefits – Airline Pilot – Diabetes

By Deborah Elkins
Published: October 20, 2008

An airline pilot who was disqualified from performing that work by the Federal Aviation Administration after he became an insulin-dependent diabetic wins summary judgment in his claim for long-term disability benefits in this decision from the Charlottesville U.S. District Court.
Plaintiff states the plan at issue has a specific definition of disability for pilots, and that [...]

Criminal – Superseding Indictment – Drug Charge – Quantity

By Deborah Elkins
Published: October 20, 2008

A defendant indicted in 1999 for possession of “more than five grams of cocaine base,” who went missing until 2008, loses his motion to dismiss a superseding indictment that charged him with possession of “50 grams or more” of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A), which the Danville U.S. District [...]

Criminal – Speedy Trial – Cocaine Base – Competency Hearing

By Deborah Elkins
Published: October 20, 2008

Where fewer than 70 days have elapsed before defendant filed his motion for a competency evaluation, the speedy trial statutory period was tolled by the filing of the motion, and the motion is currently pending, the time for trying defendant under 18 U.S.C. § 3161(c)(1) has not run and his motion to dismiss the indictment [...]

Buyer shorted in land sale – $390,244.75 Verdict

By Virginia Lawyers Weekly
Published: October 20, 2008

The parties entered into a contract to purchase 1,997 acres of land located on South Holston Lake in Washington County. The property was priced at $2,150 per acre. Suit was brought when the plaintiff was shorted 181 acres.
Prior to trial, the court granted the defendant’s motion for summary judgment as to breach of contract and [...]

Contract – Government – Secret Service Rifles – False Claims Act

By Deborah Elkins
Published: October 20, 2008

A former employee of a government contractor that bid on a contract to provide the U.S. Secret Service with rifles with ambidextrous selector levels, who allegedly pointed out violations in the procurement process, has engaged in “protected activity” by informing on a supervisor and taking his concerns outside the chain of command and outside the [...]

Criminal – Post-Conviction Relief – AEDPA

By Deborah Elkins
Published: October 20, 2008

A petitioner’s motion under 28 U.S.C. § 2255 for post-conviction relief after his 1993 conviction of using a firearm in relation to drug trafficking is untimely, but he may have a change to raise his claim under a 2007 U.S. Supreme Court case in a motion for habeas relief under 28 U.S.C. § 2241, an [...]

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