No Fair Housing Claim from HOA’ ATV Denial

New Defendant Added in Elevator-Drop Case

By Deborah Elkins
Published: May 22, 2013
Tags: Civil Procedure, Judge Henry Coke Morgan Jr., U.S. District Court - Eastern District

In this negligence action filed by a woman who was injured when she stepped into an elevator on the 12th floor of the tower at One Commerce Place in Norfolk and the elevator suddenly and violently dropped a number of floors, a Norfolk U.S. District Court will allow amendment of her complaint to substitute as [...]

Bodily Injury Not ‘Crime of Violence’

By Deborah Elkins
Published: May 22, 2013
Tags: Criminal, Judge T.S. Ellis III, U.S. District Court - Eastern District

Defendant’s two prior convictions for unlawful bodily injury under Va. Code § 18.2-51 do not constitute predicate “crimes of violence” under federal sentencing guidelines, and the Alexandria U.S. District Court says defendant is not eligible for a 12-level enhancement of his offense level on his sentence for illegal re-entry into the U.S. following removal. Given [...]

Guarantors Liable for Promised Rent Payments

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

Plaintiff lender wins summary judgment against defendant guarantors on loans to develop a retail site in the Richmond area; once the borrower defaulted on its loan payments, it owed plaintiff the remainder of the rent payments after paying property-related expenses, and the guarantors became liable when the borrower failed to pay the rents to plaintiff. [...]

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 [...]