Rights Terminated for Mom’s Drug Use

Court eases off ‘Twiqbal’ brake

By Deborah Elkins
Published: November 30, 2012
Tags: Employment, Federal Courts, Judge Norman K. Moon

When court-watchers talk about the changing reputation of the 4th U.S. Circuit Court of Appeals, they often point to high-profile political and criminal cases. Lawyers in the trenches have noticed other changes too, especially in civil rights and employment cases. Nowadays, the court is a little less likely to endorse qualified immunity for a law [...]

Equitable Estoppel May Halt Statute Of Frauds Bar

By Deborah Elkins
Published: November 30, 2012
Tags: Contract, Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Virginia Circuit Courts

In this contract dispute over defendants, a tenant and guarantor, having failed to sign a lease for and departure from plaintiff landlord’s auto recycling business, a Roanoke County Circuit Court says defendants waited too long to file a motion to dismiss, and the landlord may defend against a statute-of-frauds bar by asserting equitable estoppel. Plaintiff [...]

No Choice-of-Law for Promissory Estoppel Claim

By Deborah Elkins
Published: November 30, 2012
Tags: Contract, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

Although the parties’ choice-of-law clause calls for application of California law, a Norfolk Circuit Court says the choice-of-law provision will not allow plaintiff tax preparation service to sue defendant bank for promissory estoppel, a claim that Virginia law does not recognize. Plaintiffs provide tax preparation and electronic filing services directly to consumers at their own [...]

Family Gets Adoption Subsidy, Attorney’s Fees

By Deborah Elkins
Published: November 30, 2012
Tags: Administrative, Augusta County Circuit Court, Judge Victor V. Ludwig, Virginia Circuit Courts

An Augusta County Circuit Court overturns a state agency’s denial of an adoption assistance subsidy to a family that took in an infant, with the intent to adopt him, but who were stymied by the agency’s decision that the family could not seek a subsidy after the child became eligible for adoption because the child [...]

Supreme Court reconsiders rules on lawyer ads

By Peter Vieth
Published: November 30, 2012
Tags: Ethics, Legal Malpractice, Supreme Court of Virginia News, Virginia State Bar

Just two days before new rules on lawyer advertising in Virginia were scheduled to take effect, the Supreme Court of Virginia abruptly dropped the planned revision. In a Nov. 29 order, the court “vacated and set aside” its Sept. 18 approval of modifications to the lawyer advertising rules. Those modifications were scheduled to take effect [...]

Lawyer gets suspension for stonewalling VSB

By Peter Vieth
Published: November 30, 2012
Tags: Lawyer Discipline, Virginia State Bar

A lawyer accused of continuing to practice law despite a two-year suspension has been handed an additional two-year suspension after telling the Virginia State Bar “to go f— themselves.”

Nolle Prosequi Starts New Speedy Trial Clock

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A trial court erred in dismissing on speedy trial grounds indictments charging defendant prison inmate with malicious wounding and assault of a fellow prisoner, and the dismissal order is reversed by the Court of Appeals. Considering two earlier indictments, which had alleged the same criminal conduct and were dismissed by a nolle prosequi order, the [...]

Inmate Razor Blade Claim Not Credible

By Deborah Elkins
Published: November 29, 2012
Tags: Criminal, Judge Teresa M. Chafin, Virginia Court of Appeals

Although defendant prison inmate says the evidence did not show that he knowingly possessed a razor blade found beneath a sticker on his drinking cup, the Court of Appeals affirms his conviction under Va. Code § 53.1-203(4) for possession of an unauthorized weapon while a prisoner. The trial court was entitled to reject as not [...]

Mom’s Rights Terminated for Drug Abuse

By Deborah Elkins
Published: November 29, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals upholds termination of a mother’s parental rights to her daughter, as she failed to comply with conditions requiring her to cease drug use, undergo substantive abuse treatment and separate from her boyfriend. The department provided opportunities for mother to enter outpatient and inpatient substance abuse treatment programs, but mother did not [...]