Virginia Lawyers Weekly VA Lawyers Weekly

The prevailing party in litigation between energy companies sought to recover its litigation costs under Federal Rule of Civil Procedure 54. Among costs the court excluded were a video deposition and electronic transcripts accompanying written transcripts. Background Following a jury ...

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

In a § 1983 action by a former jail inmate, default judgment was granted against a jail employee who failed to appear despite being properly served. The court found that the employee sexually assaulted and raped the inmate and, after ...

Tagged with: Civil Rights Constitutional Eighth Amendment Judge Norman K. Moon U.S. District Court - Western District

Despite informed consent from both clients, a defendant’s attorney was disqualified from representing her on a drug charge because he had previously represented a material witness for the government. Background In a prior criminal drug prosecution, Defendant Lauren Hoback’s defense ...

Tagged with: Attorneys Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

After an initial stay pending appeal, the district court reinstated the revocation of privileges for UpRight Law LLC and related entities to practice before the bankruptcy court. Revocation was based on the defendants’ unethical business practices that preyed on bankruptcy ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

Tagged with: Consumer Reporting Judge John A. Gibney Jr. Mortgage Real Estate Real Property U.S. District Court - Eastern District

A plaintiff who said he contacted Dish merely to comparison shop for TV plans sufficiently alleged a consumer-protection claim against the company, arising from an inquiry that appeared on his credit report that the company failed to have removed. Background ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

After a trip to his native U.K., a lawful permanent resident in the U.S. was denied admission upon his return, based on a seven-year-old conviction for conspiracy to possess with intent to distribute a controlled substance. His removal order was ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Immigration Judge G. Steven Agee

A numismatics lobbying group that intentionally imported ancient coins under international trade restrictions was unsuccessful in challenging forfeiture of the coins. Abuse of discretion is the appropriate standard for reviewing lower-court decisions to strike pleadings. Background In 1970, the U.S. ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Robert B. King

Evidence was sufficient to convict a former Norfolk city councilman who had been involved in numerous quid pro quo relationships with local developers for many years. The district court also did not err in declining to grant a new trial. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Due Process Eighth Amendment Equal Protection Fourteenth Amendment Judge J. Harvie Wilkinson III