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Author Archives: Virginia Lawyers Weekly

Ball to serve in Northam administration (access required)

Gov.-elect Ralph Northam has hired Richmond lawyer Brian Ball as special advisor to the governor for economic development and deputy secretary of commerce and trade. On Jan. 9, Northam announced two appointments within the commerce and trade secretariat and plans for restructuring ...

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Heytens named as solicitor general (access required)

University of Virginia law Prof. Toby J. Heytens will take the reins as solicitor general to start the second term of Attorney General Mark R. Herring. Heytens succeeds Acting Solicitor General Trevor S. Cox who will return to private practice, ...

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Standing – Injury in Fact – Civil Rights – ADA – Access Barriers (access required)

A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which placed him at risk of physical harm and denied him equal access to ...

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Supervised Release – Continuation Post-Revocation – Successive Revocations – Maximum Sentence (access required)

Revocation of defendant’s supervised release did not terminate his supervised release, so the district court had jurisdiction over a violation report filed while defendant was serving his one-month revocation sentence. Furthermore, the 60-month maximum for a term of supervised release ...

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Appeals – Untimely – First Impression – Sua Sponte Dismissal (access required)

It is the government’s responsibility to raise the issue of the untimeliness of a defendant’s appeal; however, the defendant in this case had already pursued collateral review before he filed his direct appeal more than three years late. This is ...

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Constitutional – Ineffective Assistance – Plain Error Standard – Sentencing (access required)

On direct appeal, this court found no plain error in defendant’s sentencing as a career offender; however, trial counsel’s failure to do research or to object led to a much longer sentence than defendant would otherwise have received. The standards ...

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Space Tourist’s Fraud and Breach Claims Survive Dismissal (access required)

Plaintiff Harald McPike, a wealthy adventurer seeking to become a space tourist, can proceed on claims of fraud and breach of contract against Defendant Zero-Gravity Holdings Inc., f/k/a Space Adventures, Ltd. In 2013, Space Adventures contracted to provide a circumlunar ...

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Latex-Allergy Discrimination Claim Presents a Triable Issue (access required)

Plaintiff Delcie Farmer, a medical employee with a severe latex allergy, may proceed to trial on claims that Defendant HCA Health Services of Virginia subjected her to illegal discrimination under the Americans with Disabilities Act (ADA). Farmer had been employed ...

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Dueling Experts Don’t Satisfy Preponderance Standard (access required)

At a bench trial of a medical-malpractice claim, Plaintiff Eugene Gadson failed to prove his doctors’ negligence by a preponderance of the evidence because the parties’ respective experts offered diametrically-opposed testimony as to the appropriate standard of care. Three days ...

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