Federal Courts | Virginia Lawyers Weekly

Litigators bypass court in employment case

By Deborah Elkins
Published: March 29, 2012
Tags: Employment Discrimination, Federal Courts, Judge James R. Spencer, Law Firms

A legal assistant for a leading litigation firm has been ordered to arbitrate her disability discrimination claim against the firm after she complained about the $37,500 price tag for arbitration.
Theresa Chronister, who worked in the Fredericksburg office of Marks & Harrison PC, said the firm violated the Americans with Disabilities Act when it fired her [...]

Practice tip: Lender home free after Rule 68 offer

By Deborah Elkins
Published: March 23, 2012
Tags: Consumer Protection, Federal Courts, Judge T.S. Ellis III, Real Estate

Lawyers who litigate in federal court know they can use a “Rule 68” offer of judgment to limit a defendant’s exposure. If the plaintiff refuses to accept an offer of settlement and his recovery at trial is lower than the settlement offer, he may wind up paying some of the defendant’s costs and attorney’s fees.
But [...]

Ex-lawyer is convicted for phony documents

By Peter Vieth
Published: March 21, 2012
Tags: Federal Courts, Judge Henry E. Hudson, Lawyer Discipline, Virginia State Bar

A former Richmond lawyer dodged nine federal fraud charges in a jury trial last month, only to be convicted of submitting false documents to support his defense.
Bradley D. Wein fought accusations that he committed mail fraud when he made personal purchases with credit cards belonging to an elderly client. He argued the client had authorized [...]

Prosecutor quits after judge’s pointed ruling

By The Associated Press
Published: March 19, 2012
Tags: Criminal, Federal Courts, Judge James C. Turk

(AP) Culpeper County’s longtime commonwealth’s attorney has resigned after a federal judge accused him and police of misconduct in the capital murder conviction of a man serving a life sentence for the slaying of an elderly woman.
Commonwealth’s Attorney Gary Close hand-delivered a letter to the Culpeper Star-Exponent announcing his resignation, effective March 13.
“It is not [...]

Judge blasts ‘misconduct’ in Culpeper murder case

By Peter Vieth
Published: March 5, 2012
Tags: Criminal, Federal Courts, Judge James C. Turk

By Peter Vieth
For the second time in less than a year, a federal judge has denounced alleged misconduct by a Virginia prosecutor and overturned a capital murder conviction.
The decision by Senior U.S. District Judge James C. Turk gives authorities six months to retry Michael Wayne Hash, who was convicted of the 1996 murder of a [...]

Once-suicidal vet gets diversion, treatment

By Peter Vieth
Published: February 28, 2012
Tags: Criminal, Federal Courts, Veterans

ROANOKE–Federal prosecutors have allowed a once-suicidal Navy veteran charged with four firearms felonies to enter a six-month diversion program with mental health treatment.
While agreeing to a treatment plan that could bring dismissal of all charges against Sean Duvall, the prosecutors Monday defended their indictment of the man who called for help on a suicide prevention [...]

Bomb-shelter suit spawns defamation claim

By Deborah Elkins
Published: February 24, 2012
Tags: Defamation, Federal Courts, Judge Michael F. Urbanski

A businessman who witnessed first-hand the devastation of 9/11 from his Manhattan office has sued the companies he hired to build a million-dollar underground shelter in Augusta County to protect his family.
The businessman has won the latest round in his multi-million dollar lawsuit, with a Harrisonburg U.S. District Court’s Feb. 16 dismissal of a [...]

Restrictive covenant different from noncompete, court says

By Deborah Elkins
Published: February 17, 2012
Tags: Contract, Federal Courts, Judge Dennis W. Shedd, Judge Leonie Brinkema, Judge William B. Traxler Jr.

An Alexandria federal judge was too quick to pull the trigger on a petroleum distributor’s suit to enforce a restrictive covenant meant to keep a service-station operator from selling a different brand of gasoline.
The trial judge awarded summary judgment to the service-station operator, including fees and costs, when BP Products North America Inc. tried to [...]

Judge: Bank not complicit in acts of loan swindler

By Peter Vieth
Published: February 13, 2012
Tags: Bankruptcy, Banks & Banking, Federal Courts, Judge Robert G. Mayer

A bank that unwittingly helped fund a now-convicted mortgage loan swindler has blocked an effort to force it to give up its proceeds to help pay back victims of the fraud.
An Alexandria bankruptcy judge dismissed a trustee’s $4.5-million claim against Gateway Bank FSB of California, finding the lender was not complicit in the criminal actions [...]

Feds want to prosecute suicidal vet

By Peter Vieth
Published: February 9, 2012
Tags: Criminal, Federal Courts

The federal government broke a promise, according to the lawyer for a Navy veteran facing criminal firearms charges after he called for help on what is promoted as a confidential suicide prevention hotline.
The government alleges the ex-petty officer from Blacksburg committed four felonies by making a homemade gun using a pipe and a shotgun shell. [...]

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