No Claim Against Counselor for Batterers

Ownership of ‘escort’ website fails over documentation

By Peter Vieth
Published: May 9, 2013
Tags: Federal Courts, Judge Michael F. Urbanski

A federal judge has unceremoniously dismissed a lawsuit over the rights to a lucrative but risky website set up to connect customers with “escort services” and similar shady undertakings. One of the business founders claimed he was ripped off by the Virginia man hired to run the website, bigdoggie.net, but the lawsuit in Harrisonburg federal [...]

Plea Deal Claim Gets Court Hearing

By Deborah Elkins
Published: May 8, 2013
Tags: Criminal, Judge Michael F. Urbanski, U.S. District Court - Western District

A petitioner who says his lawyer failed to communicate an earlier, more favorable plea deal from the prosecution has stated a colorable Sixth Amendment claim, and the Harrisonburg U.S. District Court will hold an evidentiary hearing on petitioner’s motion for post-conviction relief. The government avers that it made two formal plea offers in petitioner’s case. [...]

Sub’s Claim Against Surety Is Too Late

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge Michael F. Urbanski, U.S. District Court - Western District

In a subcontractor’s Miller Act claim on a payment bond issued by defendants, the Harrisonburg U.S. District Court dismisses the claim as time-barred. Plaintiff TopSource filed a warrant in debt in a Virginia general district court on June 20, 2012, claiming defendants IBCS Group Inc. and Edmund Scarborough, an individual surety, owe TopSource $12,160 plus [...]

Full Restitution Ordered, With Nominal Payments

By Deborah Elkins
Published: April 16, 2013
Tags: Criminal, Judge Michael F. Urbanski, U.S. District Court - Eastern District

A Harrisonburg U.S. District Court orders a defendant who pleaded guilty to conspiracy to traffic in contraband cigarettes to pay the full amount of restitution of $1,737,360 to the State of New York, but orders a nominal payment schedule as defendant’s economic circumstances do not allow for the payment of restitution either now or in [...]

Fee Award OK Under Retainer and Rule

By Deborah Elkins
Published: April 3, 2013
Tags: Bankruptcy, Judge Michael F. Urbanski, U.S. District Court - Western District

A Harrisonburg U.S. District Court upholds a bankruptcy court’s fee award to debtor’s counsel for work that included adversary proceedings and a motion to sell a parcel of real estate, based on the bankruptcy court’s interpretation of the Rule 2016(b) disclosure and a retainer agreement. The bankruptcy court found that the attorney’s fees for the [...]

County Board’s Sectarian Prayers Enjoined

By Deborah Elkins
Published: March 29, 2013
Tags: Civil Rights, Judge Michael F. Urbanski, U.S. District Court - Western District

A Danville U.S. District Court grants summary judgment to a plaintiff who alleges county supervisors’ consistent practice of opening their meetings with prayers of the Christian faith violates the Establishment Clause, and the court enters a permanent injunction against such practice. Defendant county board of supervisors again asks this court to conclude that the board’s [...]

Default Set Aside After Carrier’s Delayed Response

By Deborah Elkins
Published: March 20, 2013
Tags: Civil Procedure, Judge Michael F. Urbanski, U.S. District Court - Western District

In plaintiff’s suit alleging injuries from defendant’s tractor-trailer crashing into her from behind as she veered into a median in an effort to avoid debris in the roadway, a Harrisonburg U.S. District Court will set aside default entered against defendant box company, who was unaware of foot-dragging by its own insurance carrier. Defendant must present [...]

Third Chapter 13 Petition Fails

By Deborah Elkins
Published: March 12, 2013
Tags: Bankruptcy, Judge Michael F. Urbanski, U.S. District Court - Western District

The Harrisonburg U.S. District Court dismisses pro se borrowers’ appeal of the dismissal of their third Chapter 13 petition for relief within a year; borrowers’ noncompliance with prior bankruptcy court orders made them ineligible for relief and execution of the writ of possession for their home can proceed. Lender, an individual, holds a promissory note [...]

Indispensable Sister Defeats Diversity

By Deborah Elkins
Published: March 8, 2013
Tags: Civil Procedure, Judge Michael F. Urbanski, U.S. District Court - Western District

After nearly a century of state court feuding over Luray Caverns-related assets, the Harrisonburg U.S. District Court dismisses an action by three Virginia heirs to invalidate the shares of two heirs outside Virginia; the Virginia heirs cannot create diversity by omitting another Virginia heir who historically sided with the nonresident heirs; her joinder is required [...]