Opinion Digests | Virginia Lawyers Weekly

Custody Arbitration Award Overturned

By Deborah Elkins
Published: May 16, 2012
Tags: Domestic Relations, Floyd County Circuit Court, Virginia Circuit Courts

A Floyd County overturns an arbitration award that required a mother to move from Richmond to a location within 40 miles of father in Floyd County or relinquish custody of
her child to father; under Virginia law, the court is not bound by the arbitrator’s decision but is entitled to exercise its statutory duties in determining [...]

Trustee Signature Enforceable for LLC Contract

By Deborah Elkins
Published: May 16, 2012
Tags: Contract, Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts

Defendant, an antiques and collectible business, cannot avoid liability on this contract to purchase the assets of a liquidated LLC called “The Two Antique Dealers” by arguing the sale contract is not enforceable because plaintiff trustee in liquidation did not sign the contract in that capacity; the Norfolk Circuit Court overrules defendant’s plea in bar.
Defendants [...]

No Miranda Violation for Presentence Report

By Deborah Elkins
Published: May 16, 2012
Tags: Criminal, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

The commonwealth did not violate an incarcerated defendant’s Miranda rights when a probation officer sent defendant a presentence report form that asked him to describe the crime in detail, and used his response to charge him with another crime; a Norfolk Circuit Court says defendant was not “in custody” under Miranda.
Defendant was convicted of second [...]

Fees Awarded in ‘Hostile Environment’ Case

By Deborah Elkins
Published: May 16, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

A female firefighter recruit who won her sexual harassment suit against Fairfax County with a jury award of $250,000 in damages, is awarded $306,705,69 in attorney’s fees and costs by the Alexandria U.S. District Court.
Plaintiff prevailed in her Title VII hostile work environment suit, in which a jury awarded her $250,000 in damages, which the [...]

Jury Award Reduced on Title VII Claim

By Deborah Elkins
Published: May 16, 2012
Tags: Employment Discrimination, Judge James C. Cacheris, U.S. District Court - Eastern District

A female firefighter recruit who won a $250,000 jury award on her Title VII hostile environment claim against Fairfax County has the award reduced by the Alexandria U.S. District Court to $50,000, which is proportional to the injury sustained and within precedent.
Based on the evidence adduced at trial, a reasonable jury could return a verdict [...]

Qualified Immunity on ‘Privacy’ Claim

By Deborah Elkins
Published: May 16, 2012
Tags: Civil Rights, Judge M. Hannah Lauck, Judge Robert E. Payne, U.S. District Court - Eastern District

A former special education teacher who alleges the county school board failed to take action against another employee who was abusive to students and staff, and who has sued on a variety of claims may not pursue her claim that the board violated her rights under 42 U.S.C. § 1983 when it allegedly shared information [...]

‘Conversion’ Covers Intangible Property

By Deborah Elkins
Published: May 16, 2012
Tags: Intellectual Property, Judge Robert E. Payne, U.S. District Court - Eastern District

In this multi-million dollar intellectual property case, a Richmond U.S. District Court grants judgment as a matter of law to defendant Kolon Industries Inc. on plaintiff DuPont’s claims for conversion and civil conspiracy; the federal court says Virginia courts would recognize a conversion action for converted intangible property, such as confidential business information about the [...]

Motion to Unseal Partly Granted

By Deborah Elkins
Published: May 16, 2012
Tags: Civil Procedure, Judge Robert E. Payne, U.S. District Court - Eastern District

In this multi-million dollar intellectual property case, a protective order entered by the Richmond U.S. District Court during discovery to protect the identities of witnesses who might be future witnesses or subjects of criminal proceedings cannot be extended to cover a later motion to stay and related documents, and the court says there is a [...]

Arbitration Question Certified to W.Va. Court

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Barbara Milano Keenan

In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of [...]

Conspiracy From Informant’s Contacts

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

A defendant convicted of distribution of crack cocaine for sale of drugs to a confidential informant also can be convicted of conspiracy to traffic crack cocaine, based on his interactions with the confidential informant before he started working as a government agent after his arrest; the 4th Circuit affirms defendant’s convictions and his life sentence.
If [...]

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