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Entries from June 2008

Bar owner has claim for SWAT team search

June 18th, 2008 · Comments Off · 4th Circuit, Civil Cases

When a liquor license is granted, the bar or restaurant agrees to let ABC agents come on the premises to inspect for violations. But apparently something else was going on June 2, 2004, when a police narcotics task force in Manassas Park invaded the Rack ‘N’ Roll Billiard Club with over 50 officers. According to [...]

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Justice Lemons will teach at W&L

June 17th, 2008 · Comments Off · Supreme Court of Virginia

Washington & Lee Law School has announced that Virginia Supreme Court Justice Donald Lemons will teach appellate practice in the school’s third year program. From the news release: “The outstanding faculty at Washington and Lee University School of Law are pursuing a bold new dynamic in legal education that is long overdue,” said Justice Lemons. [...]

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Judge approves Virginia Tech settlement

June 17th, 2008 · Comments Off · Virginia Tech, Virginia Tort Claims Act

As reported by the AP, Richmond Circuit Judge Theodore J. Markow approved the state’s settlement with most of the families of those killed in the 2007 shooting at Virginia Tech. The ruling today gives judicial approval to resolution of 24 of the 32 death claims. Four other such claims will go before the court at [...]

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Employee’s lawyer must pay employer

June 13th, 2008 · Comments Off · 4th Circuit, Civil Cases

The Gambler got it right: you got to know when to fold ’em. A Vienna employment lawyer unfortunately got it wrong when he pursued a worthless contract case past the point of patience for the defendant former employer. A federal court has ordered the lawyer to pay $26,057 to the company he sued for “unreasonably [...]

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CEO can’t muzzle in-house lawyer

June 13th, 2008 · Comments Off · 4th Circuit, Criminal Cases, Lawyers and Law Firms, U.S. District Court

An in-house lawyer’s warning that he represented the company, not its employees or CEO, meant the CEO could not use the attorney-client privilege to keep the lawyer from testifying before a federal grand jury. In an unpublished decision June 11 in U.S. v. Investment Properties of America LLC, the 4th U.S. Circuit Court of Appeals [...]

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Claimant gets de novo review in ERISA case

June 13th, 2008 · Comments Off · Uncategorized

The rule that the plan documents, not the summary plan description, control usually works to the detriment of long-term disability claimants in disputes with ERISA administrators. Not this time. The SPD clearly gave Prudential Insurance Company of America the sole discretion to determine eligibility for benefits. But the 4th U.S. Circuit Court of Appeals ruled [...]

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Not a bad day after all

June 12th, 2008 · Comments Off · Uncategorized

The 25-year-old woman went to Fairfax General District Court expecting Judge Lisa A. Mayne to preside over her trial on a drunken driving charge. The prosecutor told her attorney, Corinne Magee, he needed some time to talk to the police officer. Magee told her client, who was there with her fiancé, that she could wander [...]

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Lawyer settles defamation case

June 11th, 2008 · Comments Off · Defamation, personal injury, Uncategorized

Richmond personal injury attorney Jay Tronfeld has settled his lawsuit alleging that a Nationwide adjuster defamed him by telling a client that Tronfeld “just takes people’s money.” The case had been scheduled for trial yesterday in Petersburg Circuit Court, but David P. Baugh, Tronfeld’s attorney, said it was settled under confidential terms. The adjuster also [...]

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Woman says restriction on publishing SSNs is unconstitutional

June 11th, 2008 · Comments Off · First Amendment

A Hanover County woman who has made a crusade of targeting Internet publication of Social Security numbers filed suit today in federal court in Richmond to block a Virginia law that she says is aimed at her. B.J. Ostergren has obtained from the Internet the Social Security numbers of state legislators and officials and such [...]

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A Good Place to Live

June 11th, 2008 · Comments Off · Uncategorized

MSNBC’s Andrea Mitchell stepped in a pile last week, insulting the people of Bristol. Democratic presidential hopeful Barack Obama was in Southwest Virginia, appearing with former Gov. Mark Warner, who is running for the Senate seat being vacated by Republican John Warner. Mitchell noted that Obama and Warner were together, calling the image of them in [...]

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