A petitioner who says his lawyer failed to communicate an earlier, more favorable plea deal from the prosecution has stated a colorable Sixth Amendment claim, and the Harrisonburg U.S. District Court will hold an evidentiary hearing on petitioner’s motion for ...

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

In a subcontractor’s Miller Act claim on a payment bond issued by defendants, the Harrisonburg U.S. District Court dismisses the claim as time-barred. Plaintiff TopSource filed a warrant in debt in a Virginia general district court on June 20, 2012, ...

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

A Harrisonburg U.S. District Court orders a defendant who pleaded guilty to conspiracy to traffic in contraband cigarettes to pay the full amount of restitution of $1,737,360 to the State of New York, but orders a nominal payment schedule as ...

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

A Harrisonburg U.S. District Court upholds a bankruptcy court’s fee award to debtor’s counsel for work that included adversary proceedings and a motion to sell a parcel of real estate, based on the bankruptcy court’s interpretation of the Rule 2016(b) ...

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

A Danville U.S. District Court grants summary judgment to a plaintiff who alleges county supervisors’ consistent practice of opening their meetings with prayers of the Christian faith violates the Establishment Clause, and the court enters a permanent injunction against such ...

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

In plaintiff’s suit alleging injuries from defendant’s tractor-trailer crashing into her from behind as she veered into a median in an effort to avoid debris in the roadway, a Harrisonburg U.S. District Court will set aside default entered against defendant ...

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

The Harrisonburg U.S. District Court dismisses pro se borrowers’ appeal of the dismissal of their third Chapter 13 petition for relief within a year; borrowers’ noncompliance with prior bankruptcy court orders made them ineligible for relief and execution of the ...

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

After nearly a century of state court feuding over Luray Caverns-related assets, the Harrisonburg U.S. District Court dismisses an action by three Virginia heirs to invalidate the shares of two heirs outside Virginia; the Virginia heirs cannot create diversity by ...

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

A defendant charged with assault and battery of his stepdaughter and ordered to participate in a Batterers Intervention Program has not stated Eighth Amendment or Equal Protection claims against the counselor in private practice who offers counseling in the program ...

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

A Harrisonburg U.S. District Court denies a motion for release from forfeiture of $20.9 million in assets of a defendant charged with contraband cigarette trafficking and money laundering; the court says probable cause supports the forfeiture, the 4th Circuit authorizes ...

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