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

A second federal judge in Virginia has concluded that giving the finger to a police officer does not create enough suspicion of trouble to justify a traffic stop. The decision overturns a jury verdict in favor of a Patrick County ...

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

The court agreed with the majority of courts around the country that, in an insurance contract exclusion for “surface water,” that term includes water on a roof. Because the property damage claim arose from water that ponded on the insured’s ...

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

The prevailing party in a breach of contract case involving the shipping of coal is excused from future performance because of the defendant’s breach. But it was not entitled to rescission because the defendant partially performed and there was no ...

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

The intentional torts asserted against the Veterans Affairs Medical Center in Salem were barred by the Federal Tort Claims Act, or FTCA. Other claims were not administratively exhausted, were untimely or not supported by sufficient facts. The plaintiff’s motion for ...

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

Where the jury instruction did not violate the defendant’s due process rights and the conviction did not violate the double jeopardy clause, his motion for a judgment of acquittal or a new trial was rejected. Background On Nov. 12, 2019, ...

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

Where an investigator with the sheriff’s office did not cause arrest warrants on dog theft and obstruction of justice charges to be issued he was insulated from liability. And where he relied on the opinion of the commonwealth’s attorney and ...

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