CWA Permit Upheld for Mine Company

Lender Wins Conversion Claim for Rent

By Deborah Elkins
Published: May 22, 2013
Tags: Judge John A. Gibney Jr., Tort, U.S. District Court - Eastern District

Applying Florida law, a Richmond U.S. District Court says plaintiff lenders are entitled to summary judgment finding defendant developers of retail stores liable for conversion of rent payments the lenders were entitled to collect, but the case will go to trial on damages. This case involves financing for the development of retail stores in shopping [...]

No Jurisdiction from HAMP Reference

By Deborah Elkins
Published: May 22, 2013
Tags: Judge Mark Davis, Real Estate, U.S. District Court - Eastern District

A Norfolk U.S. District Court remands to state court plaintiff borrower’s suit alleging state-law contract and tort claims, as the complaint’s mere reference to procedures and guidelines under the federal HAMP statute does not provide a basis for federal question subject matter jurisdiction. Defendants removed this case to federal court solely on the ground of [...]

Hearing Ordered on Plea Deal Claim

By Deborah Elkins
Published: May 22, 2013
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

Based on petitioner’s assertion that an injury delayed his response, the Norfolk U.S. District Court orders an evidentiary hearing on petitioner’s motion under 28 U.S.C. § 2255 alleging his lawyer did not communicate a plea offer from the federal prosecutor. The lawyer who defended the case earlier stated in an affidavit that he and petitioner [...]

Claims Advance Against Loan Servicers

By Deborah Elkins
Published: May 22, 2013
Tags: Judge Liam O'Grady, Real Estate, U.S. District Court - Eastern District

In this lawsuit against two loan servicers filed by a borrower who participated in a Trial Period Plan for a HAMP loan modification, but was denied a permanent modification, an Alexandria U.S. District Court says several of plaintiff’s claims for breach of contract, tortious interference and violation of RESPA and the Fair Debt Collections Practices [...]

Insurer wants out of civil suit against Huguely

By Dolan Media Newswires
Published: May 22, 2013
Tags: Charlottesville Circuit Court, Federal Courts, Insurance

George W. Huguely V, the former University of Virginia lacrosse player who was convicted in February 2012 of killing his former girlfriend, is being sued in Maryland federal court by his mother’s insurance company. Chartis Property Casualty Co., a New York-based member company of American International Group Inc., filed suit in U.S. District Court in [...]

Former bar leader Lewis is disbarred

By Peter Vieth
Published: May 22, 2013
Tags: Attorneys Fees, Lawyer Discipline, Virginia Bar Association, Virginia State Bar

Once a leading Northern Virginia divorce lawyer and former president of the Virginia Bar Association, Vienna attorney Glenn C. Lewis has been stripped of his law license by a panel of the Virginia State Bar disciplinary board. The action Friday came after a hearing on charges that Lewis spent the fees paid by two clients [...]

No Fair Housing Claim from HOA’ ATV Denial

By Deborah Elkins
Published: May 21, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Barbara Milano Keenan

A homeowners association for Lee’s Crossing subdivision wins a housing discrimination suit under the Fair Housing Amendments Act of 1988 filed by a family who was denied the right for their disabled adult son to use an all-terrain vehicle on the subdivision’s unpaved roads; the 4th Circuit affirms summary judgment for the HOA and on [...]

Claim Mooted for Prison Visitation Denial

By Deborah Elkins
Published: May 21, 2013
Tags: Civil Rights, Judge Barbara Milano Keenan, U.S. District Court - Eastern District

Restoration of a prison inmate’s visiting privileges has mooted his appeal of suspension of those privileges for a two-year period as a penalty for the inmate’s suspected receipt of contraband; the 4th Circuit further concludes that the prison warden who imposed the suspicion is shielded by qualified immunity because the inmate did not have a [...]

No ADA Claim from Leave Denial

By Deborah Elkins
Published: May 21, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Stephanie Dawn Thacker

An employee of a chain-store distribution center who filed his disability discrimination claim with the EEOC before he filed his Chapter 13 bankruptcy petition has standing to pursue his discrimination claim, the 4th Circuit says, but the claim has no merit as the employee did not show he could perform the essential functions of his [...]