MacBride leads shift in US Attorney’s office

Removal before service not allowed

By Correy E. Stephenson
Published: March 8, 2013
Tags: Civil Procedure, Federal Courts, Judge Henry Coke Morgan Jr.

Defendants seeking to remove a state suit to federal court face some tough case law in the Eastern District of Virginia following a recent decision by U.S. District Judge Henry Coke Morgan, Jr. In Campbell v. Hampton Roads Bankshares Inc. (VLW013-3-101), a Virginia-based defendant sought to remove a case filed in state court, even though [...]

Lawyer facing 22 federal charges

By Peter Vieth
Published: March 6, 2013
Tags: Attorneys, Criminal, Federal Courts

A Wise County attorney has a June trial date on charges that he regularly used and shared illegal drugs with former clients and asked them to lie about it under oath. R. Stuart Collins of Wise is accused of snorting cocaine with one former client at a conference room table in his law office, according [...]

Umbrella policy of $1,000,000 could apply to accident claim – Settlement

By Virginia Lawyers Weekly
Published: March 4, 2013
Tags: Federal Courts, Insurance, Personal Injury

This case involved insurance coverage for a June 2010 accident in which Theo Thomas II was hit by a car while on foot. The alleged tortfeasor sought coverage under her parents’ auto policies, including a $1,000,000 umbrella policy. The carrier argued it had no obligation to cover the driver under the parents’ umbrella because she [...]

Richmond airport case tests right of free speech

By Dolan Media Newswires
Published: February 18, 2013
Tags: Constitutional, Federal Courts

Let me tell you the true story of Aaron Tobey and his journey through the Richmond airport. He acted out a fantasy that many of us harbor. Whether he is to be praised or dismissed as a troublemaker I leave to you to decide. Tobey is a college student. He was flying from Richmond to [...]

FedEx didn’t violate employee’s FMLA rights, says 4th Circuit

By Virginia Lawyers Weekly
Published: January 28, 2013
Tags: Employment, Federal Courts

FedEx didn’t violate the Family and Medical Leave Act when it suspended and terminated a courier upon her return from medical leave, the 4th Circuit has ruled in affirming a summary judgment. The plaintiff worked for FedEx as a mail courier. After injuring her knee making a delivery, the plaintiff informed FedEx that she would [...]

Plaintiff failed to disclose pre-existing conditions in tractor-trailer case – Case dismissed with prejudice

By Virginia Lawyers Weekly
Published: January 14, 2013
Tags: Federal Courts, Personal Injury

On Feb. 16, 2010, the defendant, an employee of a North Carolina commercial trucking company, was driving a tractor-trailer on Route 7 in Winchester. Suddenly and without warning, a portion of the truck’s driveshaft dislodged and fell to the road, causing the truck to lose power. The truck driver immediately activated his hazard lights safely [...]

Judge won’t block execution of inmate killer

By The Associated Press
Published: January 11, 2013
Tags: Criminal, Federal Courts, Judge Glen E. Conrad

ROANOKE (AP) — A federal judge refused Thursday to block next week’s execution of a Virginia man who strangled two inmates and vowed to keep killing unless he was put to death. U.S. District Judge Glen Conrad ruled against former attorneys for Robert Gleason Jr., 42, who claimed he was no longer competent to waive [...]

Cop is out of stun gun death case, maker must defend

By Peter Vieth
Published: January 9, 2013
Tags: Federal Courts, Judge Glen E. Conrad, Products Liability, Wrongful Death

A stun gun manufacturer faces a federal jury trial on claims it failed to provide sufficient warnings about the weapon’s risk for people with heart conditions. While allowing three claims against TASER International Inc. to go forward, a Charlottesville federal judge dismissed all claims against the officer who used a Taser gun to strike Daniel [...]

Inmate in court to argue for his prompt execution

By The Associated Press
Published: January 8, 2013
Tags: Criminal, Federal Courts, Judge Glen E. Conrad

(AP) — A condemned Virginia inmate who strangled two prisoners and vowed to keep killing unless given the death penalty is fighting his former attorneys for the right to be executed next week. A federal judge in Roanoke on Monday gave attorneys until Wednesday to present evidence on their claims that Robert Gleason Jr., 42, [...]