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Monthly Archives: March 2010

Criminal – Guilty Plea Hearing – Contempt – Tardy Lawyer Appearance (access required)

The 4th Circuit reverses a lawyer’s contempt conviction under 18 U.S.C. § 401(3) for his failure to appear in court on time for a plea hearing; the district court erred in imposing punishment in a summary proceeding without affording the ...

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Civil Procedure – Rule 59 Motion – CM/ECF Notice – Lawyer’s Computer Troubles (access required)

A lawyer whose computer troubles kept him from receiving electronic notice through a federal court’s CM/ECF system that his opponent had filed a motion for summary judgment, cannot get the trial court’s denial of post-judgment relief for his client reversed ...

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Writ granted in Gloucester appeal (access required)

Virginia Beach appellate specialist Steve Emmert won’t have to drive to Richmond tomorrow to make a 10-minute argument after all. He was notified this morning that the Supreme Court of Virginia has agreed to hear his appeal of sanctions awarded ...

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Writ granted in Gloucester appeal

Virginia Beach appellate specialist Steve Emmert won’t have to drive to Richmond tomorrow to make a 10-minute argument after all. He was notified this morning that the Supreme Court of Virginia has agreed to hear his appeal of sanctions awarded ...

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Admiralty – Jones Act – Piercing Corporate Veil (access required)

An admiralty case washes ashore in Goochland County, and the Goochland County Circuit Court sustains defendant’s demurrer to plaintiff’s claim seeking relief on a theory of piercing the corporate veil, overrules defendant’s special plea of the Jones Act, and says ...

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Insurance – Duty To Defend – CGL Policy – Construction Dispute (access required)

A Newport News Circuit Court grants summary judgment to plaintiff insurance carrier, declaring that a CGL policy does not cover a suit filed by a physician who is suing a builder for alleged construction defects in remodeling of the physician’s ...

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Contract – Noncompete – Stock Purchase Agreement (access required)

A Hanover County Circuit Court refuses to enforce a noncompete defendant signed as part of a stock purchase agreement; the noncompete is overbroad, as it forbids defendant’s employment by “any business competitive with” plaintiff employer “in areas where [employer] has ...

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Domestic Relations – Adultery – Cruelty – GPS Tracking (access required)

After review of extensive depositions and other evidence in this case, a divorce court concludes husband lacks sufficient evidence to prove adultery by clear and convincing evidence, and wife’s allegation of instances where husband pulled her out of bed by ...

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