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Monthly Archives: June 2010

Search & Seizure – Soldier’s Transfer – MP3 Player – Child Pornography (access required)

A soldier being transferred from one Army unit to another had no reasonable expectation of privacy, and he cannot suppress the images of child pornography found on his MP3 player examined pursuant to the new unit’s standard intake procedure, the ...

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Criminal – Currency Reporting – Sentencing Enhancement – Pattern Of Activity (access required)

A defendant who owed her ex-husband a $100,000 divorce settlement, and who drew on $500,000 in cash from her chiropractic practice to make 11 separate deposits of $9,500 or less into her bank account, engaged in a “pattern of unlawful ...

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Municipal – Local Hauling Ordinance – Preemption (access required)

A city ordinance that has been applied to plaintiff railroad’s operation of an ethanol transloading facility for the transfer of bulk shipments of ethanol from railcars onto surface tank trucks, is preempted by the Interstate Commerce Commission Termination Act, the ...

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Criminal – Certificate Of Innocence – Damages – Unjust Imprisonment (access required)

Although the 4th Circuit in 2008 reversed appellant’s conviction for embezzlement from his employer, a nonprofit organization that received over $10,000 annually in federal funds, appellant is not entitled to a certificate of innocence that would allow him to collect ...

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Court sets rules on waiver of privilege (access required)

The Supreme Court of Virginia has established two important principles for when the disclosure of a document covered by the attorney-client privilege waives the privilege. The first is the distinction between an involuntary and an inadvertent disclosure and the second ...

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Second-floor deck collapses during party for VCU students – $75,000; $55,000 and $12,000 Settlements (access required)

On the late evening of November 7, 2008, the plaintiffs were attending a party thrown by Virginia Commonwealth University students at a rental house at 1305 W. Cary Street. The party took place on the second floor of the premises, ...

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Woman alleges negligence in breast lift, augmentation – Defense Verdict (access required)

The plaintiff alleged that the defendant was negligent when he performed a breast augmentation and lift on the plaintiff. Despite four additional operations, the plaintiff still suffered from post-operative sagging, breast malformation and deep scarring. The plaintiff’s allegations at trial ...

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