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Author Archives: Virginia Lawyers Weekly

Hampton’s Judge Patrick dies after surgery

Hampton General District Judge Albert W. “Pat” Patrick III died unexpectedly Oct. 9 following complications from heart surgery, the Daily Press reported. He was 66. Judge Patrick was named to the bench in 1995 and reelected by the General Assembly ...

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Plaintiff sought millions in airplane lease case, recovers $0 – Defense Verdict (access required)

In a case where the plaintiff sought $5,520,000, where defense witnesses were prohibited from testifying and where de­fense documents were excluded from ev­idence, the defense obtained a defense jury verdict of $0 after a two 1/2 day trial. Plaintiff, an ...

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Woman sustained TBI, concussion in rearender – $500,000 Settlement (access required)

Plaintiff was stopped in a left hand turn lane on Richmond Road in Albe­marle County when defendant struck the rear of her vehicle without warning. Although plaintiff did not lose conscious­ness and refused medical care at the ac­cident scene, plaintiff ...

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Hookah bar sued for manager’s failure to stop sexual assault – $225,000 Settlement (access required)

Plaintiff, a young woman, patronized a Virginia Beach bar for several hours and be­came intoxicated. She was possibly drugged. The Plaintiff walked out of the bar and passed a nearby hoo­kah lounge. A bouncer working at the lounge approached her. ...

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Forum – Breach of Contract – Settlement Agreement – Collective Bargaining Agreement (access required)

Fraternal Order of Police Metro Transit Police Labor Committee, Inc., v. Washington Metropolitan Area Transit Authority (WMATA) (VLW 017-3-447, 12pp.) (T.S. Ellis III, J.) 1:17cv644; E.D. Va. Motion to dismiss complaint for breach of contract arising from settlement agreement. Holding: ...

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Fourth Amendment – Federal Rules of Criminal Procedure – Military Rule of Evidence 315(d) – Probable Cause – Exclusion – Good Faith Exception (access required)

U.S. v. Gregory Kyle Seerden (VLW 017-3-446,18pp.) (Raymond A. Jackson, J.) 2:17cv67; E.D. Va. Motion to suppress evidence obtained through search of cellular telephone following indictment on four counts related to child pornography. Holding: Where a first warrant for a ...

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Consolidated Securities Fraud Action – Appointment of Lead Plaintiff – Conflict of Interest (access required)

Alexander Rice, Individually and on behalf of all other similarly situated, et al., v. Genworth Financial Incorporated, et al. (VLW 017-3-428, 36pp.) (Robert E. Payne, S.J.) 3:17cv59; E.D. Va. Two motions in a consolidated securities fraud action seek appointment as ...

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Estate – Foreclosure – Motion for Preliminary Injunction – Standing (access required)

The Estate of Martha Dawson, et al., v. Ditech Financial, LLC, et al. (VLW 017-3-425, 7pp.) (Robert G. Doumar, S.J.) 4:17-cv-93; E.D.V. Holding: The Real Estate Settlement Procedures Act, as well as the express terms of the deceased’s property deed ...

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Violent Felony Definition Enumerated, Not Vague, in this Case (access required)

A Roanoke U.S. District Court grants the United States’ motion to dismiss defendant’s 28 U.S.C. § 2255 motion, contending that her sentence under the Armed Career Criminal Act was invalid post Johnson v. United States. In Johnson, decided in 2015, ...

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