A Virginia State Bar disciplinary panel has accused a former commonwealth’s attorney of misleading a jury about possible benefits for the testimony of a government witness. Former Culpeper County Commonwealth’s Attorney Gary L. Close is facing four possible findings of ...

Tagged with: Ethics Federal Courts Judge James C. Turk Lawyer Discipline Virginia State Bar

Plaintiffs who opened a Mirko pasta restaurant in Roanoke must defend counterclaims filed by Mirko for breach of the Franchise Agreement and misappropriation of trade secrets, says a Roanoke U.S. District Court. The amended complaint asserts various claims arising out ...

Tagged with: Contract Judge James C. Turk U.S. District Court - Western District

A med-mal carrier has a duty to defend suits filed against a Roanoke pain management clinic and its two diagnostic radiologists for patients’ injuries from their alleged use of tainted products from New England Compounding Pharmacy; the Roanoke U.S. District ...

Tagged with: Insurance Judge James C. Turk U.S. District Court - Western District

Although plaintiff limited partnership’s lawyers achieved an “excellent” result in this contract dispute, the $685 top hourly rate charged by the Richmond-based lawyers “is an unreasonably high rate for the Roanoke Valley and the Western District of Virginia,” and the ...

Tagged with: Attorneys Judge James C. Turk U.S. District Court - Western District

Virginia State Bar authorities want to rewrite the advisory guidelines for lawyers who ghostwrite pleadings intended to be filed in court by non-lawyer clients. While ghostwriting has been frowned upon by many judges and ethically allowed only with disclosure of ...

Tagged with: Ethics Federal Courts Judge Henry Coke Morgan Jr. Judge James C. Turk Legal Ethics Opinion Virginia State Bar

A Roanoke U.S. District Court awards defendant summary judgment on plaintiff’s claim under the federal false patent marking statute, 35 U.S.C. § 292, because plaintiffs, as potential competitors,”  have produced insufficient evidence of a “competitive injury,” which is required to ...

Tagged with: Intellectual Property Judge James C. Turk U.S. District Court - Western District

Plaintiffs who opened a Mirko pasta restaurant in Roanoke may sue the franchisor for alleged misrepresentations about the profitability of Mirko franchises and for negligence per se in the alleged violation of an FTC Franchise Rule, but the Roanoke U.S. ...

Tagged with: Contract Judge James C. Turk U.S. District Court - Western District

In a restaurant patron’s suit for damages from food poisoning after eating shellfish at defendant’s restaurant, the Roanoke U.S. District Court denies each side’s motion for summary judgment, as there has been insufficient discovery to determine whether defendant Land & ...

Tagged with: Judge James C. Turk Products Liability U.S. District Court - Western District

A Roanoke U.S. District Court denies defendant contractor’s motion to quash plaintiff subcontractor’s subpoena duces tecum issued to the Defense Contract Audit Agency seeking documents related to the sub’s suit alleging unpaid invoices for services related to mine clearing at ...

Tagged with: Civil Procedure Judge James C. Turk U.S. District Court - Western District

Although a shift supervisor at a Yokohama tire plant says upper management did not necessarily follow his opinions on personnel matters, the Roanoke U.S. District Court says plaintiff nevertheless was an “exempt” executive for purposes of the Fair Labor Standards ...

Tagged with: Judge James C. Turk Labor U.S. District Court - Western District