Virginia Lawyers Weekly VA Lawyers Weekly

Because a trustee pleaded facts showing the existence of transfers made at a time when the transferor was insolvent or rendered insolvent, the trustee may proceed in his suit to avoid and recover the allegedly fraudulent transfers. Background Stephen Scott ...

Tagged with: Bankruptcy Judge Rebecca B. Connelly U.S. Bankruptcy Court

The commercial property landlord failed to persuade the bankruptcy court that assigning the debtor’s lease to a new tenant was prohibited by the Bankruptcy Code, provisions in the debtor’s lease or provisions in other tenant’s leases. Background Before the court ...

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

A debtor’s failure to obtain a stay of the bankruptcy court’s in rem order allowing a foreclosure sale to proceed resulted in that sale terminating any interest by the debtor in the property when it was sold before the district ...

Tagged with: Bankruptcy Judge Klinette H. Kindred U.S. Bankruptcy Court

A university professor who alleged she was paid less than male colleagues failed to persuade the court the difference in pay was due to her gender. Instead, the court held the difference was based on legitimate factors, including different job ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

A dispute between a commercial tenant and landlord is headed to round three, this time because the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

A defendant was not entitled to a departure from the mandatory minimum sentence based on his completion of a term of imprisonment on a related offense because no congressional statute authorizes a departure from the mandatory minimum sentence on this ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

In an issue of first impression, the court held that a defendant who persuaded a jury in a civil False Claims Act case that he did not defraud the government could not use that success as a shield against criminal ...

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

Where a contraceptive device, regulated by the Food and Drug Administration, failed to work as intended, forcing the plaintiff to undergo a total hysterectomy to have it removed, the manufacturer of the device could not remove the action to federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Pamela A. Harris

Where a company sought to condemn surface tracts of private properties for the purpose of obtaining easements to construct a pipeline, and the construction of the pipeline could potentially damage coal contained within those properties, the company was not required ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Roger L. Gregory

Where a proxy statement given to shareholders to secure approval for a merger specifically warned that the financial information provided in the statement might be outdated and would not be updated, the shareholders could not claim that the failure to ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Securities