Criminal – Bank Fraud – Embezzlement – Drug Dealers 
By Deborah Elkins
Published: November 17, 2008
A husband and wife employed by the same company, who embezzled company funds to support their drug habit and to deal drugs on the job, cannot be convicted of bank fraud because the government failed to prove that an insured bank was a victim of defendants’ fraudulent scheme, an Abingdon U.S. District Court holds.
Defendants, convicted [...]
Log in road causes wreck, results in John Doe verdict – $45,000 Verdict
By Virginia Lawyers Weekly
Published: November 17, 2008
Shortly before 9 p.m. on March 9, 2005, the 20-year-old plaintiff, Shannon Bell, was traveling south on Route 30 headed toward West Point when the vehicle she was operating struck a log lying on the roadway. She lost control of her vehicle, went off the side of the road and struck a tree.
Plaintiff alleged that [...]
Corporate – Revivor Certificate – Attorneys – Rule 11 Sanctions
By Deborah Elkins
Published: November 17, 2008
Although defendant company, The EDGE Interactive Media Inc., was suspended under California law when it filed its answer and counterclaim in this trademark infringement suit, it later obtained a Certificate of Revivor under California law, which had the effect of retroactively validating otherwise invalid proceedings, a Richmond U.S. District Court holds.
In terms of plaintiff Velocity’s [...]
Intellectual Property – Anticybersquatting Act – VW ‘Talk’ – In Rem Action
By Deborah Elkins
Published: November 17, 2008
An Alexandria U.S. District Court grants summary judgment in Volkswagen’s in rem action under the Anticybersquatting Consumer Protection Act and orders defendant domain name, “VolkswagenTalk.com,” transferred to plaintiff.
The domain name against which plaintiff filed this suit consists of the Volkswagen trademark combined with the generic term “talk.” The domain name hosts a commercial web site [...]
Taking the 4th: Obama can reshape appeals court
By Steve Lash and Alan Cooper
Published: November 17, 2008
With President-elect Barack Obama poised to take office Jan. 20 – and four vacancies on the 15-member 4th U.S. Circuit Court of Appeals – court watchers predict the completion of a seismic shift on the Richmond-based appellate panel.
The court long was regarded as the most conservative of the 13 appellate courts, but that label hardly [...]
Senator: Audit the Board of Medicine
By Alan Cooper
Published: November 17, 2008
Sen. Toddy Puller wants the Joint Legislative and Audit Review Commission to take a second look at the Virginia Board of Medicine.
The request by the Mount Vernon Democrat in Senate Joint Resolution 276 comes almost 10 years after JLARC found the board put public safety at risk by allowing physicians to continue to practice in [...]
Woman wins $200K in reverse discrim suit
By Alan Cooper
Published: November 17, 2008
A white woman claiming she was bypassed when a predominately black high school chose a new principal has won a $200,000 reverse discrimination verdict.
A federal jury in Richmond returned the verdict for Pamela K. Hartnett, who sought the position at Brunswick High School in 2006.
Hartnett was one of two assistant principals at the school when [...]
A fight down on the farm
By Peter Vieth
Published: November 17, 2008
A family fight over the proposed breakup of a showplace cattle farm in Northern Virginia may be headed for the Supreme Court of Virginia. One family member argues that the courts should not force her to share the cost of subdivision preparations when she never agreed with her siblings’ plan to split up the property.
Nestled [...]
Employment Discrimination – ADA – Retaliation – Respiratory Distress Syndrome
By Deborah Elkins
Published: November 17, 2008
Even assuming plaintiff, who suffered from adult respiratory distress syndrome, established a prima facie case that defendant employer had retaliated against her for contesting her move to an office that was not smoke-free, the 4th Circuit says the district court correctly determined that plaintiff failed to rebut the legitimate, nondiscriminatory reasons the employer proffered to [...]
Criminal – Supervised Release Revocation – Mootness
By Deborah Elkins
Published: November 17, 2008
The 4th Circuit dismisses as moot this appeal by a defendant challenging the revocation of his supervised release, where defendant already has served the 14-month sentence imposed for violation of the conditions of his supervised release.
Appellant contends the district court lacked jurisdiction under 18 U.S.C. § 3583(i) because his term of supervised release expired prior [...]
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