Criminal – Evidence – Confrontation Clause – Victim’s Affidavit 
By Deborah Elkins
Published: January 5, 2009
The Court of Appeals rejects the trial court’s application of the forfeiture-by-wrongdoing doctrine and holds that admission of a murder victim’s affidavit about the defendant husband’s past violent behavior was constitutional error. The court holds that the admission of the affidavit was not harmless error with regard to convictions of rape and abduction with intent [...]
Criminal – Search & Seizure – Fourth Amendment – Stop and Frisk
By Deborah Elkins
Published: January 5, 2009
A police officer lacked sufficient facts to support a reasonable suspicion that the defendant was engaged in criminal activity where the defendant walked briskly away clutching his right side when an officer approached him in a “high crime area” at 10:30 a.m. As a result, the Court of Appeals holds the trial court erred by [...]
Employment – ERISA – Group Health Insurance – Brain Hemorrhage
By Deborah Elkins
Published: January 5, 2009
The estate of a former employee of Commercial Glass & Plastics Inc. that is seeking coverage for a hospital stay to treat the employee’s intracerebral hemorrhage, has its suit alleging ERISA violations dismissed by a Lynchburg U.S. District Court.
Plaintiff estate asserts six separate claims for relief: 1) wrongful denial of benefits under Sec. 502(a)(1)(B) of [...]
Employment – ERISA – COBRA – Retired Hospital Employees
By Deborah Elkins
Published: January 5, 2009
Retired employees of a hospital that later sold its assets to a successor can the hospital successor holding company for COBRA violations, but their claims for ERISA violations are time-barred, a Roanoke U.S. District Court holds.
The hospital on May 31, 2005, sold its operating assets to affiliates of LifePoint Hospitals Inc. and on that date, [...]
Insurance – Auto Liability – Transmission Shop Policy – Employee Accident
By Deborah Elkins
Published: January 5, 2009
An auto liability carrier for a transmission shop has no liability for a judgment obtained by a plaintiff injured in an accident with a shop employee who was driving a vehicle owned by another shop employee, an Alexandria U.S. District Court holds.
Plaintiff obtained a $1.5 million judgment against shop employee John Habit, who was driving [...]
Labor – FLSA – Housing Inspectors – Overtime Pay
By Deborah Elkins
Published: January 5, 2009
An Alexandria U.S. District Court grants certification of a collective action by federal disaster housing inspectors for overtime pay under the Fair Labor Standards Act, but also grants the motion by defendant government contractor to sever claims against two different defendant contractors.
Defendant Alltech Inc. and defendant Partnership for Response & Recovery have been awarded contracts [...]
Negligence – Auto Accident – Pizza Delivery Driver – Restaurant Liability
By Deborah Elkins
Published: January 5, 2009
An Alexandria U.S. District Court denies summary judgment to defendant Pizza Hut in this auto accident case alleging liability on the part of the restaurant because a pizza delivery vehicle was broken down in a traffic lane, allegedly creating a traffic hazard that led to plaintiff’s injury in an accident.
Plaintiffs have alleged negligence against defendants [...]
Civil Procedure – Removal – Remand – Attorney’s Fees
By Deborah Elkins
Published: January 5, 2009
A Norfolk U.S. District Court grants defendant wholesale club’s motion to remand to state court a former employee’s suit alleging the club was negligent in failing to protect her from assault by her estranged husband, who shot her on the club’s premises, but the court denies attorney’s fees to defendant incurred in pursuing the remand.
The [...]
Civil Procedure – Immunity Waiver – Iraqi Legal Process
By Deborah Elkins
Published: January 5, 2009
A Norfolk U.S. District Court dismisses, without prejudice, this action against a defendant who has claimed immunity from legal process under Order No. 17 of the Iraqi Coalitional Provisional Authority, an order that is subject to replacement in the near future under the Status of Forces Agreement that becomes effective Dec. 31, 2008.
This dispute centers [...]
Employment – ERISA – Disability – Plan Administrator – Conflict Of Interest
By Deborah Elkins
Published: January 5, 2009
Although an ERISA plan administrator had a conflict of interest because the plan sponsor, Black & Decker, served in the dual role of both evaluating and paying the employee’s claims, the 4th Circuit upholds the district court’s remand to the plan to determine the appropriate code under the plan for claimant’s pseudoseizures, after the plan’s [...]
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