A bankruptcy court can be its own authority on the prevailing pay rate for a winning lawyer, according to a new opinion from the 4th U.S. Circuit Court of Appeals. In awarding $279,090 in fees after upholding the lien priority of Tysons Financial LLC in an adversary proceeding, the bankruptcy court said it could “almost [...]
Entries from June 2012
‘Judicial notice’ OK for attorney fee award
June 14th, 2012 · Comments Off · 4th Circuit, Civil Cases
Tags:Attorney's fees·Bankruptcy
Patent examiner loses discrimination case
June 14th, 2012 · Comments Off · 4th Circuit, Discrimination
A former patent examiner has lost an appeal of his disability and race discrimination suit against the U.S. Patent and Trademark Office. Chuckwudi Perry, who is African-American, has no vision in his left eye and reduced vision in his right eye. Yet, he held a driver’s license and could read using magnifying glasses and straight-edge [...]
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Lawyer arrested three times in two weeks
June 14th, 2012 · Comments Off · Criminal Cases
An Abingdon lawyer has been charged with public intoxication, assault, trespassing and a half-dozen traffic charges. Berry Leslie Conway II was arrested three times in the past two weeks, accused of being drunk in public, threatening a couple and later urinating in their yard, reports the Bristol Herald Courier. His troubles began on June 3, [...]
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Thorne-Begland opponent changes stance
June 14th, 2012 · 1 Comment · General Assembly, JUDGESHIPS
Del. Richard Morris – a military lawyer – concluded gay judicial candidate Tracy Thorne-Begland is not guilty of any military misconduct, an accusation that was a key factor in opposition to his candidacy. As the Richmond Times-Dispatch reports, Morris, R-Carrollton, shared his conclusion with other Republicans last month in a five-page analysis. The circulation of [...]
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No contract ‘clawback’ for public employee
June 13th, 2012 · Comments Off · Circuit Courts, Civil Cases
A Norfolk city agency cannot collect contract damages against the supervisor of a “no-show” employee for the money the agency paid the absent employee, a Norfolk Circuit Court says. Virginia contract law does not provide a basis to hold a public employee liable for agency mismanagement, the court said. The Norfolk Community Services Board filed [...]
Defense contractor to pay $18.1M in False Claims Act settlement
June 13th, 2012 · Comments Off · Federal Courts, Whistleblowers
A former CFO who blew the whistle on his employer under the False Claims Act will receive a $2.6 million cut of an $18.1 million settlement with the U.S. government. Relator Kimthy Chao alleged that Calnet Inc., a Reston-based defense contracting company, systematically overbilled the Department of Defense by millions of dollars over a period [...]
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Legal leaders back Thorne-Begland for judgeship
June 12th, 2012 · Comments Off · JUDGESHIPS, Lawyers and Law Firms
Five leading attorneys at Richmond’s largest law firms have added their signatures to a letter urging the appointment of Tracy Thorne-Begland, the openly gay Richmond prosecutor rejected for a judgeship by the House of Delegates. “Several of us thought that he should be judged fully on his merits,” said Thurston R. Moore, former chairman and [...]
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Panel offers client protection proposals
June 11th, 2012 · Comments Off · Bar Associations, General Assembly
Legislation aimed at preventing large-scale attorney defalcation has been recommended by a Virginia State Bar task force. The payee notification bill approved in April by the VSB Payee Notification Task Force would have insurance companies notify personal injury claimants when settlement checks are being mailed to their lawyers. The idea gained force after a Woodbridge [...]
Tags:Attorney Misconduct·Clients' Protection Fund·Virginia State Bar
Troutman claims vindication in suit by former client
June 11th, 2012 · Comments Off · Lawyers and Law Firms
Troutman Sanders has prevailed in a court battle where an investment firm charged that bad legal advice caused it to get in trouble with the Securities and Exchange Commission. The Supreme Court of Virginia last week refused to hear an appeal of the dismissal of the lawsuit by AIC Inc. against Troutman and firm partner [...]
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Delegate claims McDonnell paved the way for recess appointment
June 8th, 2012 · Comments Off · Gov. McDonnell, JUDGESHIPS
A Northern Virginia lawmaker says the announcement that Virginia Beach Circuit Judge Patricia West will join the staff of Attorney General Ken Cuccinelli pulls back the shade from a mysterious budget amendment offered by Gov. Bob McDonnell. During the final days of the 2012 General Assembly session, McDonnell urged legislators to “unthaw” the judge hiring [...]
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