Domestic Relations – Adultery – Equitable Distribution – Valuation 
By Deborah Elkins
Published: November 24, 2008
Although a witness admitted to sexual intercourse with wife, thus corroborating her admission of a “physical” relationship with the witness, the witness was served with a subpoena immediately before the hearing and was ill and needed medical attention, and the Court of Appeals says the trial court did not abuse its discretion in finding the [...]
Domestic Relations – Spousal Support – Husband’s Award – Attorney’s Fees
By Deborah Elkins
Published: November 24, 2008
A husband was entitled to spousal support, the Court of Appeals says, after husband was laid off from his job as a machinist and the couple agreed he would be a stay-home parent to care for the couple’s children, ages 10 and 14.
Husband investigated returning to work as a machinist, yet the industry has become [...]
Civil Procedure – Costs Of Service – OxyContin Addiction
By Deborah Elkins
Published: November 24, 2008
A plaintiff whose suit against Purdue Pharma, the maker of the pain medication OxyContin, alleged the product caused him to become addicted, was dismissed by the Abingdon U.S. District Court, does not have to pay defendant drug company $780 for reimbursement of service fees for subpoenas seeking plaintiff’s medical and pharmacy records.
Plaintiff is a federal [...]
Criminal – Sentence Reduction – Public Safety Threat
By Deborah Elkins
Published: November 24, 2008
A Charlottesville U.S. District Court reduces a drug defendant’s drug sentence from 135 months to 120 months, over an objection by the government that defendant is a public safety threat because of his criminal history, including his involvement in an attempted escape from pre-sentencing custody in which two jail guards were assaulted.
Defendant pleaded guilty to [...]
Criminal – Post-Conviction Motion – Ineffective Assistance
By Deborah Elkins
Published: November 24, 2008
A Big Stone Gap U.S. District Court denies defendant’s motion for post-conviction relief under 28 U.S.C. § 2255 based on her claim that her lawyer provided ineffective assistance of counsel when he “forced” her to be sentenced on 2004 drug charges, rather than “trying to work out a new deal” after she later faced additional [...]
Civil Procedure – Jurisdictional Amount – Partnerships
By Deborah Elkins
Published: November 24, 2008
A Richmond U.S. District Court has personal and subject matter jurisdiction over this suit for specific performance filed by an LLC that requests that defendants convey their partnership interests in the Lee School Lofts Partnership to Lee School at the price dictated by the Limited Partnership Agreement.
Lee School Lofts is a condominium complex located in [...]
Employment Discrimination – Mail Handler – Reassignment
By Deborah Elkins
Published: November 24, 2008
A Richmond U.S. District Court grants summary judgment to defendant Postmaster General in this suit by a 43-year-old Caucasian female mail handler who suffers from a hearing impairment, alleging discrimination on the basis of race, color, sex age and disability.
Plaintiff has not provided sufficient evidence to show that her removal from the outside detail assignment [...]
Bankruptcy – Security Interest – Furniture Store Inventory
By Deborah Elkins
Published: November 24, 2008
Affirming a bankruptcy court, a Richmond U.S. District Court says appellant has a security interest in debtor furniture store’s inventory appellant provided in a September 2007 consignment and security agreement.
The controversy arises from a September 2007 agreement for appellant D.M. Reid to conduct a 90-day sales promotional event for debtor. As part of this arrangement, [...]
Criminal – Severance – Discovery – CI
By Deborah Elkins
Published: November 24, 2008
In this drug prosecution arising from an Immigration and Customs Enforcement sting operation, an Alexandria U.S. District Court denies defendant’s motion to sever defendant’s trial from that of his alleged coconspirator, and denies defendant’s motion for discovery of additional information about the confidential informant in the case.
In a conspiracy case, there is a presumption that [...]
Employment – ERISA – Plan Trustee Overpayments
By Deborah Elkins
Published: November 24, 2008
A company that alleges an assignee trustee of its company retirement plan did not follow instructions for social security bridge payments under the plan and has refused to make up the $1.1 million in overpayments can sue the trustee under ERISA, an Alexandria U.S. District Court says.
Plaintiffs instructed the trustee regarding specific dates to cease [...]
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