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Read More »The VLW Digital Edition – Jan. 15, 2018 
January 15, 2018
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The VLW Digital Edition – Jan. 15, 2018
Ball to serve in Northam administration
January 9, 2018
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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 ...
Read More »Heytens named as solicitor general
January 9, 2018
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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, ...
Read More »Standing – Injury in Fact – Civil Rights – ADA – Access Barriers
January 9, 2018
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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 ...
Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Robert B. King
Read More »Supervised Release – Continuation Post-Revocation – Successive Revocations – Maximum Sentence
January 9, 2018
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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 ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd
Read More »Appeals – Untimely – First Impression – Sua Sponte Dismissal
January 9, 2018
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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 ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory
Read More »Constitutional – Ineffective Assistance – Plain Error Standard – Sentencing
January 9, 2018
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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 ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan
Read More »Space Tourist’s Fraud and Breach Claims Survive Dismissal
January 9, 2018
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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 ...
Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District
Read More »Latex-Allergy Discrimination Claim Presents a Triable Issue
January 9, 2018
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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 ...
Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District
Read More »Dueling Experts Don’t Satisfy Preponderance Standard
January 9, 2018
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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 ...
Tagged with: Judge John A. Gibney Jr. Medical Malpractice U.S. District Court - Eastern District
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