(AP) — A federal appeals court has upheld a West Virginia doctor’s health care fraud and tax evasion convictions. A three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals said Wednesday that Barton Joseph Adams waived his right ...
Read More »Daily Archives: March 12, 2014
SOX whistleblower ruling leaves gap for courts, Congress 
WASHINGTON — The recent U.S. Supreme Court ruling extending Sarbanes-Oxley whistleblower protection to private contractors of publicly-traded companies has some attorneys concerned about the lack of any limiting principle. The decision in Lawson v. FMR LLC was the court’s first ...
Tagged with: Employment U.S. Supreme Court
Read More »Mom Consents to Search of Son’s Room 
Although defendant claimed his mother could not consent to a police search of his bedroom after she called police to her house after she and the son argued over his payment of rent and because he had a gun and ...
Tagged with: Judge Mary Jane Hall Search & Seizure Virginia Circuit Courts
Read More »Reinstatement Ordered for ‘Building Official’ 
Although petitioner was never formally appointed as a town’s “building official,” he served in that capacity and as its de facto building official was entitled to certain protections prior to termination; the Pulaski County Circuit Court says petitioner must be ...
Tagged with: Employment Judge Colin Gibb Virginia Circuit Courts
Read More »Sub Employee Covered by Comp Bar 
An employee of a security subcontractor who was injured while working on a winery project is a statutory employee of the general contractor and statutory co-employee of two defendant subcontractors, and the Loudoun County Circuit Court says his negligence action ...
Tagged with: Judge Burke McCahill Negligence Virginia Circuit Courts
Read More »Habeas Relief for Juvenile Assault Case 
A Stafford County Circuit Court grants a writ of habeas corpus to a defendant convicted of sexual assault as a juvenile, based on his court-appointed lawyer’s constitutionally ineffective assistance of counsel, which included a failure to adequately investigate allegations that ...
Tagged with: Criminal Judge Jane Marum Roush Stafford County Circuit Court Virginia Circuit Courts
Read More »Court Can Recognize Premarital Commingling 
A divorce court did not err in holding that husband commingled his separate property with wife’s when they purchased a six-acre tract with a main house, cottage and outbuilding, prior to their marriage, but the Court of Appeals says husband ...
Tagged with: Domestic Relations Judge Marla Graff Decker Virginia Court of Appeals
Read More »Court Upholds Huguely Murder Conviction 
The Court of Appeals upholds a second-degree murder conviction of George W. Huguely V, the former UVa lacrosse player charged with the fatal beating of his former girlfriend, Yeardley Love, holding that the trial court did not violate defendant’s Sixth ...
Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals
Read More »Delayed Motion to Compel Granted 
An Abingdon U.S. District Court grants plaintiff’s motion to compel and orders defendant to respond to an interrogatory asking defendant Sprint to list all complaints against employees who allegedly used profanity on the job, from 2008 on, and state for ...
Tagged with: Civil Procedure Judge Pamela Meade Sargent U.S. District Court - Western District
Read More »Poor Rating Not from Supervisor’s Age Bias 
After a three-day trial, an Alexandria U.S. District Court finds for defendant Secretary of the Army in this age discrimination suit filed by a civilian employee who failed to show that age bias was the “but for” cause of plaintiff ...
Tagged with: Employment Discrimination Judge Gerald Bruce Lee U.S. District Court - Eastern District
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