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Reasonable suspicion suspect was armed and dangerous
Where the police stopped a vehicle in which appellee was a passenger, they had sufficient reason to suspect that he was armed and dangerous. The circuit court erred by suppressing evidence of a weapon found after appellee was removed from the car, handcuffed and searched. Suppression hearing “In analyzing the motion to suppress, the trial […]
Driver hurt his shoulder in wreck in Chesapeake – $425,000 Settlement
The plaintiff collided with the defendant’s motor vehicle in a Chesapeake intersection. It was established that the 19-year-old defendant caused the collision by making a left turn on a solid green light in front of the plaintiff. Following the initial collision, the plaintiff’s vehicle was pushed into a third vehicle which was stopped at the […]
Norfolk lawyer disbarred after client’s conviction overturned
A three-judge circuit court panel has disbarred a Norfolk lawyer after finding he made intentional misrepresentations to a federal judge about his advice to a criminal client. The federal judge vacated the client’s convictions in 2011 based on ineffective assistance of his counsel, John W. Bonney. Revoking Bonney’s law license after a Feb. 26 hearing, […]
Three separate actions filed after shipyard explosion
In these companion cases, the three plaintiffs, all shipyard workers, were injured when an explosion ripped through a crew head and adjacent berthing area on the U.S.S. Leyte Gulf, while the ship was dry-docked at BAE Systems on Sept. 15, 2007. The defendant, Capitol Finishes Inc. (CFI), had been subcontracted to install a new deck […]
Produce Company’s Claim Proof Fails
A Norfolk U.S. District Court denies Poppell’s Produce’s proof of claim purporting to document unpaid receivables arising from produce sales to defendant Let-Us Produce Inc., because Poppell’s failed to meet the express requirements of the Perishable Agricultural Commodities Act and regulations necessary to preserve its PACA trust rights. It is undisputed that Poppell’s did not […]
Produce Vendors Want Trust Payments
In this suit by fresh produce vendors to collect on their accounts receivable with distributor Let-Us Produce, a Norfolk U.S. District Court denies requests for immediate distribution and construes the controlling federal statute that sets up a trust fund from the distributor’s operating account, and orders the vendors to submit updated claims. It is undisputed […]
Consumer Protection – TILA – Finance Charge Disclosure
A plaintiff who alleges defendant’s loan disclosure statement violated the TILA because it materially understated the loan’s finance charge and annual percentage rate has the TILA claim dismissed by a Norfolk U.S. District Court, which says the plain language of defendant’s agreement to buy Washington Mutual’s assets from the FDIC preclude plaintiff’s claim. The complaint […]
Negligence – Workers’ Comp Bar – Maritime Claim – Sub Employee
A Norfolk U.S. District Court denies summary judgment to defendant Capitol Finishes Inc., a subcontractor of general contractor BAE Systems on a project to repair the USS Leyte Gulf, who was sued for a work-related injury by an employee of another sub, Tecnico; but the court says the operation of Virginia workers’ comp law on […]
Civil Procedure – Injunction – University Accreditation
In this suit arising from defendant Accreditation Council for Pharmacy Education’s decision to place plaintiff Hampton University’s School of Pharmacy on probation as to its accreditation, a Newport News U.S. District Court denies Hampton’s request for preliminary injunctive relief; although the balance of harms tips in Hampton’s favor and it has some possibility of success […]
Criminal – Crack Cocaine Possession – Traffic Stop
An officer did not violate defendant’s Fourth Amendment rights when, after smelling and possibly observing marijuana when he stopped a Mercury sedan with multiple windshield cracks, the officer asked defendant passenger to step out of the car and found drugs defendant discarded when he took off running; the 4th Circuit upholds defendant’s conviction for possession […]
Judge Friedman to take senior status in November
U.S. District Judge Jerome B. Friedman will take senior status Nov. 30. Friedman was a Virginia Beach Circuit Court judge when President Bill Clinton appointed him to the federal bench in 1997. Friedman told The Virginian-Pilot that he had notified the White House and court officials of his plans but declined further comment. Under the […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
