Virginia Lawyers Weekly VA Lawyers Weekly

Where a defendant moved to preclude a portion of a cellphone video showing him, for a few seconds, mouthing the words of a song in which the lyrics include the word “motherf***er,” his motion was denied. In this time and ...

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

Where a prior consent order between the parties required prison officials to provide a detainee with “prepackaged kosher meals that contain an acceptable kosher certification” from an agreed-upon list of entities, and the prison instead cooked the meals in its ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

Where debtors argued their eligibility for Chapter 13 relief should be determined by total debt claimed in the unsecured proofs of claims filed as of the bar date, reduced by amounts determined after the debtors file objections to some of ...

Tagged with: Bankruptcy U.S. Bankruptcy Court

Where the debtor previously claimed that money in his personal bank account belonged to his company, the court rejected this argument and ordered the money to be turned over to the trustee, and the debtor then claimed that 75% of ...

Tagged with: Bankruptcy Judge Brian F. Kenney U.S. Bankruptcy Court

Where a settlement between the LeClairRyan trustee and defendants will result in the payment of $21 million to the debtor’s estate, the probability of success on the merits was not certain, litigation would be lengthy, expensive and complex, and the ...

Tagged with: Bankruptcy Judge Kevin R. Huennekens U.S. Bankruptcy Court

Where the court previously approved debtor-in-possession, or DIP, financing at the start of a bankruptcy proceeding, that decision forecloses a breach of fiduciary claim against the former officers and directors for their decision to take on DIP financing. However claims ...

Tagged with: Bankruptcy Judge Keith L. Phillips U.S. Bankruptcy Court

Appellant was incorrectly denied a refund of county taxes paid on its sale of internet access services. The circuit court determined that a grandfather clause in the Internet Tax Freedom Act allowed the county to impose Business and Professional Occupational ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Taxation

Where appellee was severely injured when a tree on appellant’s property fell and crushed appellee’s car, the circuit court incorrectly overruled appellant’s demurrer to a negligence claim. The complaint did not allege that appellant “had engaged in any affirmative act ...

Tagged with: Personal Injury Supreme Court of Virginia

The record supports the Virginia Workers’ Compensation Commission’s findings that claimant’s injuries were not related to a workplace accident. The commission correctly denied his claim for “temporary total disability benefits and lifetime medical benefits from a work accident that occurred ...

Tagged with: Judge Mary Grace O'Brien Virginia Court of Appeals Workers’ Comp

Where appellant, while on probation, tested positive for drugs three times, did not attend substance abuse treatment, missed five appointments with his probation officer, did not appear for a probation revocation hearing in another court, did not pay court costs ...

Tagged with: Criminal Virginia Court of Appeals