Employment Discrimination – Hostile Environment – Race – Cosmetic Surgery 
By Deborah Elkins
Published: December 22, 2008
A hospital employee of Nicaraguan origin who alleges coworkers uttered racially offensive statements in her presence about Latino patients and made offensive remarks about her after she underwent cosmetic surgery, has failed to state claims under Title VII; however, plaintiff has stated a claim for unlawful retaliation for the hospital’s reprimand and suspension of plaintiff, [...]
Search & Seizure – Drug Dog – Training – Expert Opinion 
By Deborah Elkins
Published: December 22, 2008
A Norfolk U.S. District Court refuses to suppress a gun found in defendant’s car, which was stopped on suspicion of having a too-dark window tint under Virginia law, as the government supported the legality of the car search with expert testimony on the training and reliability of “Debo,” the drug dog who alerted on defendant’s [...]
Immigration – Aggravated Felon – Reckless Endangerment Conviction 
By Deborah Elkins
Published: December 22, 2008
A Jordanian national and permanent resident can be deported from the U.S. as an aggravated felon who was convicted of reckless endangerment, which qualified as a “crime of violence,” and petitioner has no claim for a due process violation based on his alleged ineffective assistance of counsel when his lawyer conceded deportability based on that [...]
Elder abuse: Pittsylvania man, 84, awarded almost $1.3M in suit against daughter
By Peter Vieth
Published: December 22, 2008
In an unusual civil lawsuit arising from a case of elder abuse, a Pittsylvania County judge has awarded more than a million dollars to an 84-year-old illiterate retired farmer who claimed his daughter scammed him out of his life savings and held him against his will.
The defendant daughter remains in jail for contempt after the [...]
Employment – Patronage Dismissal Claim – Job Duties – Agency Assistant Director 
By Deborah Elkins
Published: December 22, 2008
A 38-year veteran employee of the Baltimore City Department of Social Services who alleges a patronage dismissal from her position as assistant director violated her constitutional rights, has summary judgment against her affirmed by the 4th Circuit.
Plaintiff first contends the district court erred in determining as a matter of law that her position as assistant [...]
Teen gets punitives of $200K from drunk
By Peter Vieth
Published: December 22, 2008
A Harrisonburg lawyer is battling to keep the $200,000 punitive damages he won this fall for the victim of a crash caused by a drunken driver. The verdict was returned Oct. 31 by a jury in Rockingham County, one of Virginia’s most conservative jurisdictions.
Defense lawyers argue the unusually high verdict of nearly $281,000 is out [...]
Securities – Securities Fraud – Experimental Drug Prospects 
By Deborah Elkins
Published: December 22, 2008
Disappointed investors cannot state a claim for securities fraud against a pharmaceutical company that allegedly overstated the prospects for an experimental drug the company was developing to treat dry eye disease; the 4th Circuit says that judged by the standard of the Private Securities Litigation Reform Act of 1995 and by Tellabs Inc. v. Makor [...]
Lawyer settles libel case based on threatened bar complaint
By Alan Cooper
Published: December 22, 2008
The final order had been entered in a child-support dispute when Irvington attorney Michael L. Donner Sr. received an e-mail in June 2007 with a letter attached from the former father-in-law of the man he had represented in the case.
The letter, which was also sent by e-mail to Donner’s client, his former wife and the [...]
Kaine’s appointees appear safe for getting full terms 
By Alan Cooper
Published: December 22, 2008
Concerns about Republican opposition to judicial appointments by Gov. Timothy M. Kaine appeared to be unfounded on Dec. 11, when members of the House and Senate Courts of Justice Committees interviewed about 60 incumbent judges up for reappointment – or appointment to a first full term in a few instances.
The two most prominent of those [...]
Bill would require disclosure of officers, partners in deed
By Peter Vieth
Published: December 22, 2008
Real estate lawyers are taking a dim view of a bill introduced for the 2009 Virginia General Assembly session designed to force disclosure of key members of corporations, LLCs, partnerships, and business trusts when buying property.
House Bill 1640 was introduced by Del. Robert G. Marshall, R-Manassas, who said “I don’t want people buying property that [...]

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