Virginia Lawyers Weekly VA Lawyers Weekly

Where land was condemned for an easement required for construction of a natural gas pipeline, any evidence or statements by landowners or counsel bearing on the land’s “value to me,” or that they are being forced to sell, cannot afford ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

Mountain Valley Pipeline LLC v. 5.88 acres of land owned by Wendell Wray Flora and Mary McNeil Flora, Case No. 7:19-cv-00225, June 16, 2022. WDVA at Roanoke (Dillon). VLW 022-3-255. 9 pp. Full-Text Opinion

Where a breeder of animals used for pharmaceutical research decided to close its facility after it was ordered to comply with the Animal Welfare Act, or AWA, it may transfer animals out of the facility to fulfill existing contracts. Transfers ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

United States v. Envigo RMS LLC, Case No. 6:22-cv-00028, June 17, 2022. WDVA at Lynchburg (Moon). VLW 022-3-256. 9 pp. Full-Text Opinion

Where borrowers asserted a civil RICO claim against Wells Fargo based upon its alleged filing of false and unauthorized forbearance notices in Chapter 13 bankruptcy cases, the adversary proceeding was withdrawn from the bankruptcy court because the novel RICO claim ...

Tagged with: Bankruptcy Judge Michael F. Urbanski U.S. District Court - Western District

Harlow v. Wells Fargo & Co., Case No. 7:22-cv-00267, June 21, 2022. WDVA at Roanoke (Urbanski). VLW 022-3-259. 13 pp. Full-Text Opinion

Even though the petitioner was acquitted of federal murder charges, this does not establish entitlement to a state-court writ of actual innocence. Although the federal prosecution arose from the same evidence that led petitioner to plead guilty to involuntary manslaughter ...

Tagged with: Criminal Virginia Court of Appeals

Richardson v. Commonwealth, Record No 0361-21-2, June 21, 2022. CAV (Beales, O’Brien, and Fulton). Upon a Petition for a Writ of Actual Innocence. VLW 022-7-207, 17 pp. Full-Text Opinion

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Effective June 14, 2022, the Virginia State Bar Disciplinary Board revoked the law license of Mark Edward Kellogg of Fairfax Station based on his affidavit consenting to the revocation. By tendering his consent to revocation at a time when a ...