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Monthly Archives: January 2009

Lawyer apparently elected to succeed Moran (access required)

ALEXANDRIA—Voters appear to have narrowly elected Democrat Charniele L. Herring to fill the seat of former Alexandria Delegate Brian Moran, but Herring will have to wait at least a few days to assume her legislative duties. By a 54 to ...

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Civil Procedure – Jurisdiction – Va. Long-Arm Statute – ‘Transacting Business’ (access required)

The 4th Circuit upholds a 1998 default judgment in favor of the CFA Institute, a Charlottesville nonprofit association, against an Indian corporation that allegedly breached a license agreement and engaged in unfair competition under the Lanham Act. Appellee CFA Institute ...

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Criminal – Drug Trafficking – Double Jeopardy (access required)

The 4th Circuit says two drug-trafficking defendants who went through two mistrials on related charges in the District of Columbia and a hung-jury mistrial in the District of Maryland, cannot overturn their Maryland federal convictions on the multiple constitutional violations ...

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Search & Seizure – Video Camera – Open Field (access required)

The 4th Circuit rejects a Virginia farmer’s claim that his Fourth Amendment rights were violated when state game and fishery agents installed a video surveillance camera for observation in the farmer’s open field after receiving a report the farmer had ...

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VSB Disciplinary Actions (access required)

On Nov. 21, 2008, a three-judge panel in the Roanoke County Circuit Court imposed a public reprimand on Roanoke lawyer Jennings T. Bird for violating a professional rule that governs fairness to opposing party and counsel. Bird released a witness ...

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Tort – Torture Victim Protection Act – Foreign Sovereign Immunities Act – Somali Natives (access required)

Plaintiff natives of Somalia are not precluded from seeking damages from defendant Mohamed Ali Samantar for alleged acts of torture and human rights violations committed against them by government agents commanded by Samantar during the regime of Mohamed Siad Barre, ...

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Criminal – Sentencing Reduction – Crack Amendment – Plea Agreement (access required)

A defendant who pleaded guilty in 2003 to aiding and abetting crack cocaine possession with intent to distribute, and received the guidelines-minimum sentence of 135 months, cannot have her sentence reduced to less than 108 months in light of the ...

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Supreme Court revives claim for death of child

The Supreme Court of Virginia has given a family a new chance at a medical malpractice claim for a child who died of whooping cough after a hospital emergency doctor failed to admit him for treatment. In Jackson v. Qureshi, ...

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No jury costs for first nonsuit, high court says

Even though the trial judge remarked that imposing jury costs on a nonsuiting plaintiff was “pretty standard here in this court,” the Supreme Court of Virginia finds any such jury fee unwarranted under Virginia law. In Martin v. Duncan, the ...

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