An ERISA plan administrator’s “disingenuous handling” of a death benefits claim has prompted a Richmond federal court to find bad faith and hit the administrator for the full amount of the claimant’s legal fees. Those fees covered two lawsuits that ...Read More »
Yearly Archives: 2013
An arbitration clause in a franchise agreement signed by a driver for an airport shuttle service is not unconscionable because it includes a class action waiver and a requirement to split arbitration fees, and the 4th Circuit vacates the district ...Read More »
A defendant’s guilty plea to drug charges was not voluntary when it was based on a police officer’s lies in an affidavit for a warrant to search defendant’s home and vehicle; the 4th Circuit says defendant’s due process rights were ...Read More »
A defendant who sent duplicates of a limited number of images of child pornography is eligible for a five-level enhancement of his sentence under Section 2G2.2(b)(7)(D) of the federal sentencing guidelines; the 4th Circuit rejects the notion that duplicate images ...Read More »
Although none of the recordings of wiretapped conversations played during trial to bolster witnesses’ trial testimony about the charged drug conspiracy had been recorded or transcribed by the court reporter during their presentation to the jury, defendant may not overturn ...Read More »
One nominee for a Virginia trial court judgeship may have some troubles in the state Senate. The list of candidates up for interviews today at the General Assembly includes one name that appears only for the House of Delegates courts ...Read More »
Members of the General Assembly courts committees will interview judicial candidates this afternoon, and the list of candidates provides a good indication of who is on the short list for bench vacancies that should be approved for funding on Wednesday. ...Read More »
Plaintiff, age 39, went to see the defendant with complaints of heavy bleeding and severe cramping during her periods. She was evaluated by the defendant, who determined she had an enlarged fibroid uterus. After appropriate counseling, the defendant admitted the ...
Tagged with: Medical MalpracticeRead More »
The Virginia Workers’ Compensation Commission is renewing its push for alternate dispute resolution of injured workers’ claims. The agency has long touted the benefits of ADR for claimants and carriers by outlining agency mediation services on its website and promoting ...
Tagged with: ADRRead More »
At defendant’s jury trial for robbery and felony-murder, the trial court did not err in declining to give a jury instruction on justifiable self-defense, in addition to the instruction it offered on excusable self-defense; the Court of Appeals affirms defendant’s ...Read More »