Where a debt collector promised to file a notice of satisfaction “upon receipt” of payment, and then garnished the plaintiff’s wages after receiving that payment, the deceptive email gave rise to a claim under the Federal Debt Collection Practices Act. ...

Tagged with: Consumer Protection Judge Michael F. Urbanski U.S. District Court - Western District

Where the same drug dealing conduct was the basis for counts of possession with intent to distribute and distribution of controlled substances, the counts required proof of different elements and were therefore not duplicitous. Background This matter is before the ...

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

Although the civil rights litigation helped set guiding precedent at the intersection of two constitutional rights, the attorney’s hourly rate was reduced to align with those in the district, travel time was compensated at 50% of the usual rate and ...

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

Where a defendant asked that he receive a nunc pro tunc designation of the Virginia Department of Corrections for service of his 70-month federal sentence, he received a recommendation that the Bureau of Prisons grant his request. Background This matter ...

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

Where photographs taken immediately after a woman fell on the edge of a pothole in a Costco parking lot showed the hole was not obscured or camouflaged, the woman could have, and should have, avoided stepping into the “open and ...

Tagged with: Judge Michael F. Urbanski Negligence Personal Injury U.S. District Court - Western District

A jury will decide whether grapes on the floor caused a shopper at Sam’s Club to slip and fall, and whether Sam’s Club or its employees had actual or constructive notice of the grapes. As these are questions for the ...

Tagged with: Judge Michael F. Urbanski Negligence Personal Injury U.S. District Court - Western District

While the court could not reach the merits of defendant’s claim that his trial counsel provided ineffective assistance regarding a plea deal because the claim was raised too late and had already been rejected by the Fourth Circuit, the trial ...

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

Litigants settling a child’s medical malpractice claim cannot keep the terms secret under Virginia law that requires a judge’s approval of the compromise, a circuit judge has ruled. The decision underscores transparency principles established in a 2008 Virginia Supreme Court ...

Tagged with: Fairfax County Circuit Court Judge David A. Oblon Judge Michael F. Urbanski Medical Malpractice Virginia Circuit Courts

Displaying the middle finger to a police officer was an insufficient reason for a vehicle stop, and where no other lawful reason for the stop existed, the officer was not entitled to immunity and judgment was entered in the passenger’s ...

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

A jury will decide if the fatal shot to decedent came from a distance or close range. However, two retired police officers named as plaintiff’s experts must persuade the court that they have sufficient expertise to render an opinion as ...

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