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Author Archives: Virginia Lawyers Weekly

Judge James M. Lumpkin (access required)

Retired Richmond Judge James Michael Lumpkin died Aug. 5. He was 92. Born and raised in Richmond, Judge Lumpkin served in the U.S. Army from 1946 to 1948, after which he attended the University of Virginia on the G.I. Bill ...

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VSB Disciplinary Actions: Aug. 17 issue (access required)

Effective Aug. 6, the Virginia State Bar Disciplinary Board revoked the license of D. Brooks Hundley of Richmond based on his affidavit consenting to the revocation. By tendering his consent to revocation at a time when allegations of misconduct were ...

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Virginia violated due process rights of mentally ill defendant (access required)

An individual who suffers from mental illness, and who has been under the care of Virginia for over 20 years, adequately alleged his due process right when he received inadequate notice of the basis for revoking his suspended sentence, Virginia ...

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020-2-203 – Farabee v. Clarke

Farabee v. Clarke, Appeal Nos. 18-6648, 18-7225, 18-7228, July 22, 2020. 4th Cir. (Gregory), from EDVA at Norfolk (Davis). Mark W. Mosier, Jordan L. Moran and Adam L.D. Stempel for Appellant. Mark R. Herring, Victoria N. Pearson, Eugene P. Murphy, ...

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Tribal choice-of-law provisions are unenforceable (access required)

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...

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020-2-202 – Gibbs v. Sequoia Capital Operations LLC

Gibbs v. Sequoia Capital Operations LLC, Appeal Nos. 19-2108, 19-2113, July 21, 2020. 4th Cir. (Agee), from EDVA at Richmond (Lauck). Stephen D. Hibbard, Todd R. Geremia, Shirley M. Chan, Richard L. Scheff and David F. Herman for Appellants. Kristi ...

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Prospective waivers render agreements unenforceable (access required)

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

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020-2-201 – Gibbs v. Haynes Investments LLC

Gibbs v. Haynes Investments LLC, Appeal No. 19-1434, July 21, 2020. 4th Cir. (Agee), from EDVA at Richmond (Lauck). David N. Anthony, Timothy St. George, Richard L. Scheff and David F. Herman for Appellants. Kristi C. Kelly, Andrew J. Guzzo, ...

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Inmate raises successful ADA and equal protection claim (access required)

Where an inmate with a medical condition had performed various prison jobs, he successfully alleged facts showing that after he was hospitalized for a short time, prison officials regarded him as disabled and as a consequence, he could not participate ...

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020-2-199 – Fauconier v. Clarke

Fauconier v. Clarke, Appeal No. 18-6489, July 20, 2020. 4th Cir. (Niemeyer), from EDVA at Alexandria (Ellis). John J. Korzen, Hayley F. Degnan, Olivia G. Doss and Shameka C. Rolla for Appellant. Mark R. Herring, Victoria N. Pearson, Margaret O’Shea, ...

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