A panel of federal appeals judges had sharp questions last month about why federal prosecutors are resisting a fix for a drug defendant sentenced to 12 years in prison under a mistaken standard. A mutual mistake about application of a ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael F. Urbanski Judge Robert B. King Judge Stephanie D. Thack­er

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

Tagged with: Custody Domestic Relations Family Law International Law Judge Michael F. Urbanski U.S. District Court - Western District

A defendant charged with drug distribution crimes was not entitled to impose search parameters on the government’s search for content on his iPhone beyond the requirement that the search must relate to his specific criminal violations. Background Defendant Akeem Brewer ...

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

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

A law firm that initiated a lawsuit to collect a debt owed to its client could be found liable for a violation of the Fair Debt Collection Practices Act, since the action was time-barred. The law firm’s assertion of the ...

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

A mattress company could not use a first-filed declaratory judgment complaint in Virginia courts to pull its trade-secrets dispute with an Ohio company to Virginia, the court held. Plaintiff MCCOA and Defendant RSS are both mattress retail companies. MCCOA is ...

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

Despite wearing law enforcement attire including a badge, an officer who appeared at a private business to “look around” was not acting under color of law, the court held. According to the complaint, Defendant Kimberly Sue Vance, an officer with ...

Tagged with: Judge Michael F. Urbanski Search & Seizure U.S. District Court - Western District

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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

No reasonable juror could find that Plaintiff Mary David was subject to unlawful sex discrimination or retaliation by her employer, Defendant Winchester Medical Center, the district court said. David, WMC’s Director of Critical Care, alleged that Dr. Nicolas C. Restrepo’s ...

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