Virginia Lawyers Weekly VA Lawyers Weekly

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

Tagged with: Contract Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

Evidence was sufficient to prove that the defendant conspired with his co-defendant to collect a debt through intimidation, including with a firearm. Background Appellant Jahsaad Livingston was tried jointly with his co-defendant, Therin Mason Miller-Jones. For several months in 2015, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

A special education teacher who ended up in a brief physical altercation with a chronically disrespectful student was acting defensively only, which did not support a finding of child abuse or neglect. Background This case concerns an altercation between Appellee ...

Tagged with: Education Judge Rossie D. Alston Jr. Virginia Court of Appeals

A continuance ordered due to the hospitalization of defense counsel tolled the speedy trial deadline, because the reason for the delay was unanticipated and beyond the control of the Commonwealth. Background Appellee Calvin Craighead was indicted for two counts of ...

Tagged with: Criminal Judge Robert J. Humphreys Virginia Court of Appeals

A defendant convicted of attempted murder and other offenses failed to show that he was denied a speedy trial. Because the parties offered conflicting hearing transcripts and no audio, the court could not resolve what defense counsel agreed to, and ...

Tagged with: Criminal En Banc Virginia Court of Appeals

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

Tagged with: Employment Judge Robert J. Humphreys U.S. District Court - Western District Workers' Compensation

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

Tagged with: Employment Employment Discrimination Judge James P. Jones U.S. District Court - Western District

An employee failed to identify evidence that his supervisor’s lewd comments to him were because of (his) sex, but his employer’s varied explanations for terminating him after he complained precluded summary judgment as to retaliation. Because some evidence suggested that ...

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

An insurer could not enforce an indemnification clause in its insured’s architectural contract because provisions requiring contractors to indemnify other parties for negligence are void in their entirety under Code § 11-4.1. Background Defendant Lessard Design Inc. provides architectural services, including ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

Tagged with: Civil Procedure Judge Robert E. Payne U.S. District Court - Eastern District