Quantcast
Home (page 1092)

Author Archives: Deborah Elkins

Tort – Fraud – Coal Sales Contract (access required)

In this diversity action alleging fraud in a coal sales transaction, a Big Stone Gap U.S. District Court grants defendant principals in a coal mining business summary judgment on plaintiff energy company’s claim based solely on reliance on warehouse receipts ...

Read More »

Criminal – Sentencing – Meth Distribution – ‘Mitigating Role’ (access required)

An Abingdon U.S. District Court denies a defendant’s post-conviction motion for reduction of sentencing based on her claim that she had a mitigating role in the crime of methamphetamine distribution and was less culpable than her codefendant-husband. The 4th Circuit ...

Read More »

Civil Rights – Malicious Prosecution – Wrongful Arrest (access required)

A plaintiff who submitted to arrest and detention on a cocaine warrant that mistakenly used his name and social security number, in order to clear his name and continue receiving social security disability benefits, cannot sue the county commonwealth’s attorney ...

Read More »

Criminal – Restitution Award – Bribery – Government Contract (access required)

In a case remanded for insufficient evidence to support an order of restitution, the Charlottesville U.S. District Court grants the government’s motion for an evidentiary hearing on the restitution award. Defendants Kenneth Harvey and Michael Kronstein were convicted of committing ...

Read More »

Civil Rights – Police Officer Defendant – Sexual Assault Claim (access required)

A woman who alleges a police officer sexually assaulted her after visiting her home late at night and telling her he would make traffic citations disappear in return for “a favor,” is entitled to summary judgment on her claim for ...

Read More »

Criminal – National Park – Loaded Weapon – Heller Challenge (access required)

Although a regulation governing possession of a loaded firearm in a national park was amended and was more lenient after defendant’s alleged offense, he was not entitled to automatic application of the more lenient standard; the Alexandria U.S. District Court ...

Read More »

Intellectual Property – Qui Tam Action – False Patent Markings (access required)

Defendant Solo Cup Company wins summary judgment in this qui tam action filed pro se by a patent lawyer who alleges Solo violated the False Claims Act by falsely marking several products with expired patent numbers and improperly marking other ...

Read More »

Environmental – Clean Air Act – Emissions Standards – Allowance Trading (access required)

A coal-fired power plant in Alexandria, Va., has no standing to challenge the EPA’s approval of Virginia’s Clean Air Interstate Rule State Implementation Plan, because the plant’s alleged injury – interference with the plant’s ability to meet state compliance obligations ...

Read More »