Virginia Lawyers Weekly VA Lawyers Weekly

Although the plaintiff failed to list her potential tort claims on her bankruptcy schedule, that omission does not necessarily preclude the plaintiff from bringing those claims if the district court concludes on remand the omission was the result of a ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Overton Harris

Although a defendant’s sentence was boosted to 10 years from the recommended 30 to 37 months because the district court said the interstate nature of his criminal conduct made his crime more serious, there was no evidence the conduct involved ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where a Hungarian businessman sold a company to another Hungarian company, violating an injunction, the Hungarian company’s participation in the businessman’s injunction violation was insufficient to provide the court a basis for exercising personal jurisdiction over it.

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Julius N. Richardson

Where the district court wrongly concluded that the defendant’s prior conviction for conspiracy qualified as a controlled substance offense under the Sentencing Guidelines, the defendant was not entitled to resentencing because the defendant failed to raise his objection before the ...

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

Where a police officer suffered post-traumatic stress disorder as a result of being frequently exposed to child pornography at work, and could not sue under the under the Americans with Disability Act because the state was immune, but he could ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

Where the owner of two government contract companies withdrew monies from those companies so that they were unable to pay two law firms for legal work they performed, the facts were found sufficient to pierce the corporate veil and the ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Because the defendant in the insurance coverage dispute repeatedly failed to correct its discovery deficiencies, its ability to rely on its discovery responses was limited and the plaintiff may seek recovery of its own fees and costs. Background On or ...

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

Where a plaintiff sued an insurance company after he had already obtained a judgment against the wrongdoer alleged to be covered under the insurance company’s policy, the insurance company did not assume the citizenship of the purported insured and the ...

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

Despite efforts by the Republic of Sudan to dismiss claims brought by family members of Navy sailors killed in the bombing of the U.S.S. Cole that Sudan provided support and resources to al Qaeda that ultimately caused the Cole bombing, ...

Tagged with: Judge Robert G. Doumar Tort U.S. District Court - Eastern District