Virginia Lawyers Weekly VA Lawyers Weekly

A bankruptcy attorney could face a legal malpractice suit over alleged breach of duty in a Chapter 7 case. Background Appellant Marc R. Labgold challenges the circuit court’s judgment dismissing his legal malpractice complaint against appellees Linda D. Regenhardt and ...

Tagged with: Negligence Supreme Court of Virginia

A man convicted of grand larceny failed to prove ineffective assistance of counsel and other errors that would warrant habeas relief. Background Mark Wright was indicted upon several charges including a charge of robbery in violation of Code § 18.2-58. ...

Tagged with: Criminal Supreme Court of Virginia

Where a debtor brought an action alleging that a creditor’s proofs of claim violate the Fair Debt Collection Practices Act and the Bankruptcy Rules, the claim will be heard by the court, and a motion to compel arbitration is denied. ...

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

The government failed to prove the defendant was in the Eastern District of Virginia when he actually transmitted National Defense Information to his Chinese contact. Background Following a four-day trial, a jury convicted defendant of: (1) conspiracy to gather or ...

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

Five abortion providers challenging Virginia’s regulatory framework as overly burdensome may proceed with their claims. Background This is an action filed by five Virginia healthcare providers’ who offer abortion care or services seeking declaratory and injunctive relief from what they ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

Although “We buy houses” is a registered trademark, it is now widely used to describe services provided rather than a source of services, which makes it generic, not distinctive. Background Plaintiff Express Homebuyers has been in the house-buying industry since ...

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

The administratrix of an inmate’s estate waited too long to sue jail authorities and failed to plead facts sufficient to support a gross negligence claim Background This action stems from the death of Thomas Cubbage on May 29, 2016, while ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where an engineering construction company suing a power generating facility for breach of contract filed a motion to strike the facility’s demand for a jury trial after it had filed its answer, the motion to strike was untimely. Background In ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

The Court of Federal Claims, and not federal district court, has jurisdiction over an employee health plan’s suit seeking a refund under the Affordable Care Act. Background The Electrical Welfare Trust Fund is a self-administered, self-insured employee health and welfare ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

Although the defendant argued that the government’s failure to disclose information about an oil valve used to conduct illegal discharges was a Brady violation,  the information was not material and the convictions for failure to maintain accurate records and for ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion