A South Carolina woman who alleged an ERISA violation under 29 U.S.C. § 1132(c) for defendant plan’s failure to provide information she requested has three years to sue, not one year, the 4th Circuit says as it vacates a district ...Read More »
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A driver cannot overturn her DUI conviction by claiming Va. Code § 18.2-266 does not cover intoxication from controlled drugs that she admittedly ingested, but only from alcohol, and the Court of Appeals affirms her conviction for causing serious and ...Read More »
A couple of years back, we reported a speaker’s comments that trial judges are warming to the use of expert testimony to challenge eyewitness identifications. But it’s a slow thaw, as evidenced by a 4th Circuit case upholding exclusion of ...
Tagged with: 4th U.S. Circuit Court of AppealsRead More »
A Medicaid patient who used defendant LogistiCare Solutions LLC for transport for dialysis treatment cannot sue defendant for the alleged negligence of an employee who improperly loaded the patient into a van, causing injury from a leg wound, because LogistiCare ...Read More »
A defendant in this suit by plaintiff Bear Ridge Developers alleging it was deprived of 875 square feet of its commercial condominium due to improper placement of a wall between two condo units, may sue the third-party defendant bank for ...Read More »
Being linked to “developers” is not defamatory in Chesterfield County. Chesterfield County Circuit Judge Herbert C. Gill has dismissed a local businessman’s $1.35 million defamation suit against residents who opposed a sewer line the businessman supported by saying the businessman ...
Tagged with: DefamationRead More »
A decedent’s biological daughter, adopted in Pennsylvania at age two by her stepfather, can inherit from decedent, who died intestate, a share of his personal property and of real property he owned in Virginia at the time of his death, ...Read More »
The 4th Circuit says a defendant modular home contractor waived its right to compel arbitration of a buyer’s warranty claims because the contractor waited until the eve of trial, after two years of pretrial motions and a jury verdict against ...Read More »
A workers’ comp claimant whose lawyer absconded with her $32,000 settlement proceeds is not barred by laches from obtaining payment from the carrier, a deputy commissioner says. Howard v. American Service Contractors (Workers’ Comp. Comm’n) (VLW 009-10-01) (6 pp.)Read More »
In this decision from Fairfax Circuit Court, a claim of lawyer malpractice is dismissed as to a client’s intent to make a trust revocable or irrevocable, based on collateral estoppel, but the client may pursue a claim of negligence in ...Read More »