Virginia Lawyers Weekly VA Lawyers Weekly

Where a borrower challenged whether interest in a promissory note compounded after the note matured, but that borrower previously submitted a spreadsheet that the court adopted in which its expert compounded interest following maturity, res judicata applied. Background In 2008, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Caten LLC v. Hunter Mill West LC, Case No. 19-1790, July 8, 2021. 4th Cir. (per curiam), from EDVA at Alexandria (Brinkema). J. Chapman Petersen and David L. Amos for Appellant. Nicholas M. DePalma and Christian R. Schreiber for Appellee. ...

Where police had probable cause to search a shoebox containing heroin and fentanyl based on information from a reliable confidential informant and their own independent corroboration of his story, a drug defendant’s challenge to his sentence failed. Background In 2017, ...

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

United States v. Gondres-Medrano, Case No. 20-4105, July 8, 2021. 4th Cir. (Richardson), from DMD at Baltimore (Russell). Alfred Guillaume III for Appellant. Jeffrey Morgan Hann for Appellee. VLW 021-2-251. 23 pp. Full-Text Opinion

Where detention of a male walking with an AR-15-style assault rifle was supported by reasonable suspicion, including that the same type of rifle had been used in a school shooting, he was walking toward a school, appeared to be a ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Robert B. King

Walker v. Donahoe, Case No. 20-1547, July 7, 2021, 4th Cir. (King), from SDWVA at Huntington (Chambers). John Hague Bryan for Appellant. Adam Ketner Strider for Appellees. VLW 021-2-249. 22 pp. Full-Text Opinion

Where a skateboarder sued a law firm after being struck by a car driven by one of its attorneys, even if the attorney used his cellphone for work-related purposes at the time of the accident, the firm was not liable ...

Tagged with: Judge David J. Novak Negligence U.S. District Court - Eastern District

Garver v. Holbrook, Case No. 3:21-cv-235, June 30, 2021. EDVA at Richmond (Novak). VLW 021-3-329. 14 pp. Full-Text Opinion

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

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

Harris v. Powhatan County Board of Supervisors, Case No. 3:20-cv-794, June 29, 2021. EDVA at Richmond (Gibney). VLW 021-3-327. 11 pp. Full-Text Opinion