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Author Archives: Virginia Lawyers Weekly

Gantz is new VSB pro bono director (access required)

The Virginia State Bar has hired Richmond attorney Crista Whitman Gantz as director of its pro bono and access to legal services department. Her first day was Nov. 27. Gantz’ department supports and promotes all Virginia access-to-justice initiatives. She succeeds Karl A. ...

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Partial Dirt-for-Debt – Valuation – Appeals – Post-Petition Interest Adjustment (access required)

Bate Land Co. LP v. Bate Land & Timber LLC (VLW No. 017-2-211, 21 pp.) (Duncan, J.) 16-2037; Dec. 6, 2017; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: The bankruptcy court has specialized expertise in valuing property, and ...

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Key given to drunk, entrustment claim settles during trial – $8 Million Settlement (access required)

While slowing to stop at a traffic signal on J. Clyde Morris Boulevard, in the City of Newport News, plaintiff’s sedan was struck from behind at a high rate of speed by a work truck driven by the defendant driver, ...

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ER doc missed artery injury, man’s knee was amputated – $1.6 Million Settlement (access required)

On Feb. 25, 2016, the plaintiff was working as a sign/roadway contractor and was descending from a flatbed trailer, when he fell. His foot became trapped on the step and when he fell, his right knee dislocated severely. He was ...

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Invasion of Privacy – Teen Sexting – Warrant – Forced Masturbation (access required)

Sims v. Labowitz (VLW No. 017-2-209, 30 pp.) (Keenan, J.) (King, J., dissenting) 16-2174; USDC at Alexandria. (Hilton, S.J.) 4th Cir. Holding: In a child pornography case involving teen sexting, a police detective consulted with an assistant prosecutor and obtained ...

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Public Employees – Whistleblower Claim – Agency Timeliness & Reports – Administrative (access required)

Flynn v. U.S. Securities & Exchange Commission (VLW No. 017-2-212, 18 pp.) (Wynn Jr., J.) 16-2122; Dec. 7, 2017; on petition for review from the Merit System Protection Board. 4th Cir. Holding: The applicable version of 17 C.F.R. § 201.900(a) ...

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Constitutional – First Amendment – Rastafarian Services – Administrative Remedies (access required)

Wilcox v. Brown (VLW No. 017-2-210, 14 pp.) (Traxler, J.) 16-7596; Dec. 5, 2017; USDC at Asheville, N.C. (Whitney, C.J.) 4th Cir. Holding: Where the plaintiff-prisoner alleges that defendants discontinued Rastafarian services because the prison was without a chaplain, but ...

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Doctrine of Judicial Estoppel – Affirmative Defense (access required)

Eilber v. Floor Care Specialists Inc. (VLW No. 017-6-097, 6pp.) (Mims, J.) Record No. 161311. Appealed from the Circuit Court of the City of Roanoke. Holding: Where the appellant-debtor filed suit for defamation against the appellees after his employment was ...

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