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Entries from August 2012

TV lawyer fired on ‘morals clause’ claim

August 16th, 2012 · Comments Off · Civil Cases, U.S. District Court

An actor who made his reputation playing a slightly sleazy TV lawyer can tell a jury he did not violate a morality clause in his contract to be a celebrity spokesperson for a legal marketing campaign. Virginia Beach-based Innovative Legal Marketing LLC hired Corbin Bernsen to promote its “BIG CASE” TV advertising campaign. Bernsen gained [...]

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Trump cannot trump sale of former Kluge home

August 16th, 2012 · Comments Off · Federal Courts, Real estate, Western District

Donald Trump’s effort to get a bargain price on “Albemarle House,” the 23,000-square-foot former home of John and Pat Kluge, has foundered in federal court. A Charlottesville federal judge declared Thursday that the New York developer does not have a right of first refusal to buy the Albemarle County mansion, leaving Bank of America free [...]

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Justin Wolfe conviction remains vacated

August 16th, 2012 · Comments Off · 4th Circuit, Criminal Cases, U.S. District Court

A 4th Circuit panel refused to disturb lower court findings that prosecutors denied due process rights for the Prince William County man accused of arranging the murder of a competing drug dealer. The three-judge panel Thursday affirmed the conclusions of U.S. District Judge Raymond Jackson who pointedly criticized Commonwealth’s Attorney Paul Ebert and his staff [...]

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No professional courtesy, no court help for ex-cop

August 16th, 2012 · Comments Off · 4th Circuit, First Amendment

A former sheriff’s deputy who tried to get out of a speeding ticket by claiming he was still “on the job” was convicted of impersonating an officer. “Not fair,” he claimed, arguing the law against pretending to be a cop violates the First Amendment because it would criminalize actors in police uniforms and kids playing [...]

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Plaintiff loses bias claim, pays defense fees

August 14th, 2012 · Comments Off · Civil Cases, U.S. District Court

Debra Farmer didn’t take the broad hint offered by U.S. District Judge Leonie Brinkema during a final pretrial conference in Farmer’s Title VII suit against Navy Federal Credit Union, Farmer’s former employer. Brinkema recounted the state of the record and said she did not see how Farmer could survive summary judgment. Farmer forged ahead, and [...]

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No more second chances for CAV assignments of error

August 14th, 2012 · Comments Off · Criminal Cases, Virginia Court of Appeals

It’s official: the Court of Appeals will dismiss your petition for appeal if you fail to follow the rules for assignments of error. As we reported in March, the court had asked lawyers to address whether a 2011 Supreme Court order signaled the need for dismissal when assignments of error fell short of the required [...]

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Appeals court upholds denial of fees to McGuireWoods

August 14th, 2012 · Comments Off · Ethics, sanctions

McGuireWoods’ failure to provide full disclosure of incentives for some plaintiffs was labeled an “egregious” violation of ethical rules as the 9th Circuit Court of Appeals affirmed a complete denial of fees for the Richmond-based firm for work on a class action antitrust case. The firm represented would-be lawyers who claimed West Publishing Corp. and [...]

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The eyes have it: 4CA upholds ‘visual speed’ estimate

August 13th, 2012 · Comments Off · 4th Circuit, Search and Seizure

It’s a tale of two traffic stops. On June 26, the 4th U.S. Circuit Court of Appeals threw out a traffic stop based on an officer’s eyeballs-only estimate of a driver’s speed in the case of U.S. v. Sowards. But last Friday, the appellate court upheld a search – same North Carolina district court, same [...]

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Former official is on ‘fishing expedition,’ county claims

August 13th, 2012 · Comments Off · Discrimination, Employment Law

The gender discrimination lawsuit against Chesterfield County filed by a former human resources director has lawyers trading sharp words over discovery. Karla Gerner is on a “fishing expedition” with requests for personnel records for male former administrators in the county government, the county claims in a recent brief. The county attorney also accuses Gerner’s lawyers [...]

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Plaintiff’s sincerity questioned in prayer case

August 13th, 2012 · Comments Off · First Amendment

Fighting a lawsuit over its use of Christian prayers in public meetings, the Pittsylvania County Board of Supervisors is taking aim at the lawyer who brought the suit. The board has asked a federal judge to throw out the lawsuit filed by Barbara Hudson because – the board claims – Hudson is not sincere when [...]

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