Virginia Lawyers Weekly VA Lawyers Weekly

The automatic stay in bankruptcy does not bar remand to state court of this twice-removed diversity contracts case; the Alexandria U.S. District Court says the automatic stay provision does not bar remand, which is necessary in this case because the ...

Tagged with: Bankruptcy Judge T.S. Ellis III U.S. District Court - Eastern District

Petitioner’s trial counsel provided constitutionally ineffective assistance of counsel when he failed to object to the drug amount attributable to petitioner on the ground that some of the pills charged to the conspiracy were obtained and used by petitioner pursuant ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

A quadriplegic resident of a nursing home has stated a medical malpractice claim by alleging she was identified upon admission as a fall risk but defendant nursing home failed to have adequate staff or an adequate plan in place to ...

Tagged with: Judge John A. Gibney Jr. Medical Malpractice U.S. District Court - Eastern District

The former CEO of a construction company who now lives in Maryland, and who is suing the Alaskan company that bought his shares and terminated him after three years, may not sue the company on their employment contract in Virginia ...

Tagged with: Civil Procedure Judge John A. Gibney Jr. U.S. District Court - Eastern District

The 4th Circuit upholds a Tax Court decision disallowing a $10,524,000 charitable deduction for a conservation easement based on a golf course donated by the taxpayers, which did not qualify as a real property interest because the easement agreement permitted ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz Taxation

The 4th Circuit affirms denial of a Mexican citizen’s habeas petition challenging a decision to extradite petitioner from the U.S. to Mexico under an Extradition Treaty between the two countries. The Treaty in this case obligates Mexico and the U.S. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Dennis W. Shedd

A payroll company that fraudulently diverted funds for its clients’ payroll taxes to accounts used for operating and personal expenses, and that paid $28 million in back payroll taxes to the IRS prior to filing for bankruptcy, held those funds ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Andre M. Davis

A city acted in a proprietary, not a governmental, capacity when it hired an aviation company to manage services at a local airport, and under North Carolina law, the city does not have immunity from the aviation company’s equitable claims; ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Municipal

When a local elected prosecutor moves up to a judgeship, the top assistant in the office generally takes the reins until voters elect a new commonwealth’s attorney. A state law provides for automatic succession unless the top assistant declines. In ...

Tagged with: Commonwealth's Attorneys Judge Chadwick S. Dotson Wise County Circuit Court

Salem lawyer Elizabeth K. Dillon has been confirmed by the U.S. Senate as a U.S. District Judge for the Western District of Virginia. Her confirmation came late Tuesday night in a Senate voice vote, according to legislative records. Dillon is ...