A former military police officer sentenced to 15 years for a 2011 fatal shooting while working as a security guard has been freed after a judge concluded he was never told about a “generous” plea offer. The federal judge – ...

Tagged with: Judge Robert E. Payne U.S. District Court - Eastern District

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

Tagged with: Attorneys Criminal Judge Robert E. Payne Sentencing U.S. District Court - Eastern District

Notwithstanding his claims that bank representatives misled him, the president of a Richmond-based energy company signed loan agreements and guarantees that clearly stated his personal liability for his company’s obligations. Background In 2009, Defendants Dominion Energy Management Inc. and its ...

Tagged with: Business Law Contract Corporate Judge David J. Novak U.S. District Court - Eastern District

Private boat maintenance workers, who were injured while aboard a Norfolk vessel when an allegedly incompetent Norfolk police officer caused it to capsize during a sea trial, sufficiently stated maritime tort and negligence claims against the City and the officer ...

Tagged with: Judge Henry Coke Morgan Jr. Municipal Personal Injury U.S. District Court - Eastern District

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

Tagged with: Civil Procedure Judge Robert E. Payne Negligence Personal Injury Products Liability U.S. District Court - Eastern District

An employer who admitted awareness of federal requirements but failed to keep time records was liable to its employees for unpaid overtime and unpaid lunch breaks going back three years, plus liquidated damages and attorney fees. Background Plaintiffs Catherine Riggle ...

Tagged with: Attorneys Fees Employment Judge Claude M. Hilton U.S. District Court - Eastern District Wage & Hour

Officers’ search of a defendant’s bag while he was speaking with officers in another room was not incident to lawful arrest, as there was little chance he could reach the bag or control its contents at the time. The firearm ...

Tagged with: Constitutional Criminal Evidence Judge Raymond A. Jackson Search & Seizure U.S. District Court - Eastern District

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

Tagged with: Banking Civil Procedure Judge Henry E. Hudson Mortgage Real Estate Real Property Tort U.S. District Court - Eastern District

An insurance company did not need to defend its insured, a babysitter, after a jury found that her intentional acts caused the death of the child for whom she was caring. Background This declaratory-judgment action arises from a dispute over ...

Tagged with: Contract Insurance Judge T.S. Ellis III U.S. District Court - Eastern District

A defendant’s indictment for illegal re-entry was dismissed because the underlying removal order was entered without advising the defendant of his possible eligibility for voluntary removal. Background In 2011, U.S. Immigration & Customs Enforcement took custody of Defendant Leodan Itehua, ...

Tagged with: Criminal Immigration Judge John A. Gibney Jr. U.S. District Court - Eastern District