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Monthly Archives: August 2010

Employment – ERISA – Disability Insurance – Overpayment (access required)

A former production supervisor for a glass manufacturer, who was injured in an auto accident, was not entitled to continued disability benefits under an ERISA plan, according to a magistrate judge’s report, and the disability carrier is entitled to recover ...

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Civil Rights – Disabled Student – IDEA – Tuition – Stay (access required)

A Lynchburg U.S. District Court declines to stay no appeal its summary judgment decision for a disabled student who claimed defendant school board violated the Individuals with Disabilities Act, 20 U.S.C. § 1400, by failing to evaluate the student for ...

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Criminal – Felon In Possession – ACCA – ‘Generic’ Burglary (access required)

A defendant convicted on a weapons charge cannot be sentenced as an “armed career criminal” where two of the prior convictions under Va. Code § 18.2-91 were for thefts from a restaurant and a corner market, which are not necessarily ...

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Appealing pro se, murderer gets a writ (access required)

Charles Edward Reed III might well have been as guilty as a Stafford County Circuit Court jury found him to be in June 2005. But there was a significant problem in the trial for murder and three related counts that ...

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A 12-year vacation?

Norfolk City Council has learned that an employee of its Community Services Board collected a salary and benefits for 12 years without going to work. The identity of the employee – who has been fired – and the circumstances that ...

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Rehearings Granted (access required)

On July 27, 2010, the Virginia Court of Appeals granted rehearing en banc in Ervin v. Commonwealth</em. (VLW 010-7-241(UP). The original June 22 panel opinion held that there was insufficient evidence to convict defendant, as the only person in the ...

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