Virginia Lawyers Weekly VA Lawyers Weekly
US v. Drummond, Appeal No. 18-4197, June 5, 2019. 4th Cir. (Traxler), from DSC. at Greenville (Herlong). Joshua Snow Kendrick for Appellant, Jamie L. Schoen for Appellee. VLW No. 019-2-156, 29 pp. Full-Text Opinion
Read More »Home (page 6)
019-2-155 – Muhammad v. Norfolk Southern Railway Co.
Muhammad v. Norfolk Southern Railway Co., Appeal No. 18-1695, June 4, 2019. 4th Cir. (Niemeyer), from EDVA at Norfolk (Jackson). Joshua T. Gillela II for Appellant, David C. Bowen for Appellee. VLW No. 019-2-155, 14 pp. Full-Text Opinion
Read More »Student in crosswalk hit by school bus – $900,000 Settlement 
June 15, 2019
Comments Off on Student in crosswalk hit by school bus – $900,000 Settlement
Plaintiff was struck and run over by a school bus in a crosswalk as plaintiff walked to school. The bus fractured plaintiff’s left tibia and fibia, as well as six bones in her right foot. The fractures were treated surgically ...
Tagged with: Negligence Settlement
Read More »Coverage of law student killed in NJ turned on residence – $170,000 Settlement
June 15, 2019
Comments Off on Coverage of law student killed in NJ turned on residence – $170,000 Settlement
Cassidy, a woman in her mid-20s, was hit by a car while using a crosswalk in Newark, New Jersey, where she had been in Rutgers law school until a few days before. The driver fled the scene. According to the ...
Tagged with: Declaratory Judgment Judge David J. Novak Settlement U.S. District Court - Eastern District
Read More »Single mom suffered TBI during rear-ender by drunk – $700,000 Settlement
June 15, 2019
Comments Off on Single mom suffered TBI during rear-ender by drunk – $700,000 Settlement
A $700,000 settlement was obtained for a single mother who was lawfully stopped with her 8-year-old daughter as a passenger when a drunken driver, operating a pick-up truck owned by his employer, collided into the rear of plaintiff’s car. The ...
Tagged with: Chesapeake Circuit Court Judge Michael C. Allen Personal Injury Settlement
Read More »Rescission of DACA was arbitrary and capricious
June 14, 2019
Comments Off on Rescission of DACA was arbitrary and capricious
The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...
Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz
Read More »1997 decision on homestead bifurcation overruled
June 14, 2019
Comments Off on 1997 decision on homestead bifurcation overruled
A majority of the en banc court held a Chapter 13 plan may bifurcate a claim based on an undersecured homestead mortgage into secured and unsecured components and cram down the unsecured component, overruling a 1997 decision that had been ...
Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge James A. Wynn Jr.
Read More »Food-sensitive child could sue restaurant for discrimination
June 14, 2019
Comments Off on Food-sensitive child could sue restaurant for discrimination
A restaurant that refused to allow a child with a severe gluten sensitivity to bring in his own homemade meal could be sued for discrimination in violation of the American with Disabilities Act. Background J.D. is an 11-year-old boy who ...
Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Albert Diaz
Read More »$61 million judgment affirmed on appeal
June 14, 2019
Comments Off on $61 million judgment affirmed on appeal
A satellite television provider is responsible for a $61 million judgment because its outside sales agent violated the Telephone Consumer Protection Act, or TCPA, by calling persons on the national Do-Not-Call registry. Background Dr. Thomas Krakauer brought suit against Dish ...
Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge J. Harvie Wilkinson III
Read More »Court made plain error but rights were not affected
June 14, 2019
Comments Off on Court made plain error but rights were not affected
The district court erred by revoking the defendant’s supervised release on the basis he had been found guilty of possession with intent to distribute “crack cocaine” because the evidence showed the drug was powder cocaine. However, because possessing and intending ...
Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory
Read More »