Negligence – Slip & Fall – Statutory Employee 
By Deborah Elkins
Published: December 1, 2008
An employee of a trucking company who fell off a ladder as he attempted to use a tarpaulin to cover a load of transformers to be delivered for defendant manufacturer was a “statutory employee” of the manufacturer barred by Virginia’s workers’ comp statute from suing the manufacturer for negligence, a Roanoke U.S. District Court holds.
The [...]
Attorneys – Sanctions Under Rule 11 – RICO Complaint
By Deborah Elkins
Published: December 1, 2008
A Charlottesville U.S. District Court denies sanctions under Fed. R. Civ. P. 11 to defendant civic association who contends plaintiffs and their lawyer knew when they filed an amended complaint that their RICO claims were not warranted under existing law or a good faith argument for a change in the law; in fact, plaintiffs’ complaint [...]
Employment – ERISA – Attorney’s Fees – Exhaustion
By Deborah Elkins
Published: December 1, 2008
A plaintiff who won his ERISA case cannot bill for time spent exhausting administrative remedies, but the Charlottesville U.S. District Court refuses to categorically condemn “block billing” or “lumping of time entries.”
While it is not the universal rule among the circuits, in this circuit at least, attorney’s fees incurred in pre-litigation administrative proceeding are not [...]
Board of Education won’t seek $$$ for Standards of Quality
By News in Brief
Published: December 1, 2008
In light of the dismal economic forecast, the Virginia Board of Education has decided against asking for more funding for the Standards of Quality, state-mandated minimum goals for public schools.
In its recommendations to the governor and legislature, the board is stressing that public education is the top priority of the state’s budget, but its members [...]
Beach jury: Give man eight years for plotting cop’s death
By News in Brief
Published: December 1, 2008
VIRGINIA BEACH—A jury is recommending an eight-year sentence for a man convicted of plotting to kill a Virginia Beach police detective.
Edmund A. Kutauskas was convicted of solicitation to commit murder last month in Virginia Beach Circuit Court. The 55-year-old Kutauskas is scheduled to be sentenced Feb. 18.
Prosecutors said Kutauskas arranged for someone in New York [...]
Feds: Bolting error caused collapse that killed man
By News in Brief
Published: December 1, 2008
Federal investigators say an error in bolting the roof of a Wise County mine caused an April 22 collapse that killed a Big Stone Gap man.
The Mine Safety and Health Administration issued a report last month on the roof collapse that killed 61-year-old David Sizemore at Osaka Mine Corp.’s No. 1 mine. Sizemore’s job was [...]
Madison Museum honors his cousin, Zachary Taylor
By News in Brief
Published: December 1, 2008
ORANGE—The James Madison Museum has opened an exhibit on Zachary Taylor, the nation’s 12th president and a cousin of Madison’s.
Taylor was born in Barboursville in 1784. He and Madison shared a great-grandfather, Col. James Taylor II, who received land grants for helping Alexander Spotswood survey the previously uncharted territory west of the Blue Ridge Mountains.
The [...]
Employment Discrimination – Race – Agency Action – Patent Examiner
By Deborah Elkins
Published: December 1, 2008
A plaintiff who alleges breach of an agreement settling her claim that she was terminated as a Patent Examiner because of race discrimination, and who has filed an untimely “supplemental response” to defendant agency’s motion to dismiss, will not be prejudiced if the Alexandria U.S. District Court allows defendant to file a short memorandum in [...]
Employment Discrimination – Race – Patent Examiner – Settlement Agreement
By Deborah Elkins
Published: December 1, 2008
An Alexandria U.S. District Court dismisses plaintiff’s action alleging defendant agency breached a settlement agreement in her suit asserting she was removed from her position as a patent examiner in 2005 as a result of race discrimination, and not for poor performance, as defendant agency alleges.
In August 2006, the U.S. Patent & Trademark Office agreed [...]
Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute – Guaranty Execution
By Deborah Elkins
Published: December 1, 2008
An Alexandria U.S. District Court does not have personal jurisdiction over a Florida corporation, a former investor in the Flagship Atlanta Dairy LLC, in this suit by Flagship’s former CEO over a purchase of Flagship stock, as the defendant’s signing in Virginia of a guaranty of Flagship’s obligations under two agreements was insufficient to confer [...]
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