Opinion Digests
Search & Seizure - Consensual Encounter - Man In Parked Car - Drugs In Bag
By Deborah Elkins
September 1, 2008
Police had reasonable articulable suspicion to seize defendant and order him out of his car after he three times failed to comply with a police request not to reach down to the floorboard of his car, parked in a motel parking lot where police recently made other drug busts, and the drugs found in a […]
Criminal - Indictment Sufficiency - ‘Interstate Threats’
By Deborah Elkins
September 1, 2008
A Big Stone Gap U.S. District Court says an indictment is “barely” sufficient to charge defendant with transmitting in interstate commerce a communication threatening to injure the person of another in violation of 18 U.S.C. § 875(c), with its listing of specific dates but no identities of victims.
The modern rule is that all the words […]
Civil Rights - Correctional Employee - Disability Discharge - Equal Protection
By Deborah Elkins
September 1, 2008
A Roanoke U.S. District Court dismisses plaintiff former employee’s claim that defendant correctional officials violated her due process rights when they gave her the option to resign or be terminated, but the former rehabilitation counselor has stated an equal protection claim.
Plaintiff states she suffers from traumatic brain injury, severe fibromyalgia and severe depression, and these […]
Criminal - Securities Fraud - Civil Enforcement - Fee Petition
By Deborah Elkins
September 1, 2008
In this civil enforcement action for securities fraud violations, a magistrate judge for the Charlottesville U.S. District Court recommends approval of an application for accountant’s fees and expenses.
There is an issue that needs to be addressed so there can be a meaningful review of all future fee applications submitted to this court by the receiver, […]
Criminal - Securities Fraud - Civil Enforcement - Fee Petition
By Deborah Elkins
September 1, 2008
In this civil enforcement action for securities fraud violations, a magistrate judge for the Charlottesville U.S. District Court recommends approval of all fees and expenses claimed in the receiver’s 23rd application, for an award to the receiver of the remaining 20 percent of all fees in the amount of $13,222.44.
SEC v. Dowdell (Crigler, J.) No. […]
Tort - FTCA - Prison Inmate - Multiple Attacks
By Deborah Elkins
September 1, 2008
A federal inmate who alleges he informed prison authorities that he had been attacked and was vulnerable to repeat attack by gang members has his claim under the Federal Tort Claims Act dismissed by a Roanoke U.S. District Court.
Plaintiff first asserts a claim for negligence under the FTCA.
The court agrees with the U.S. that a […]
Employment Discrimination - Race - Disparate Treatment - Security Guard
By Deborah Elkins
September 1, 2008
A private security company that disciplined plaintiff Caucasian male for an altercation with an African-American coworker by reassigning both employees, did not engage in race discrimination by assigning plaintiff to the lower-paying job, because plaintiff did not have the security clearance necessary for the other available job, and an Alexandria U.S. District Court grants summary […]
Employment Discrimination - Title VII- Race - Army Civilian Employee
By Deborah Elkins
September 1, 2008
A civilian employee of the U.S. Army who served as an assistant sports director in Italy loses on summary judgment his Title VII suit alleging he, a “self-described ‘black’ man,” suffered discrimination and harassment from a white supervisor and a white co-worker.
Even if plaintiff were to establish a prima facie case of discrimination with […]
Labor - FLSA - Attorney’s Fees - Overtime Pay
By Deborah Elkins
September 1, 2008
A commercial real estate company that settled Fair Labor Standards Act overtime pay claims with seven former property accountants in the Norfolk office is ordered by the Norfolk U.S. District Court to pay $139,668 for plaintiffs’ attorney’s fees, but no costs.
The instant case arises out of a claim for overtime pay under 29 U.S.C. §§ […]
Employment Discrimination - Race - Title VII - Civilian Army Employee - Venue
By Deborah Elkins
September 1, 2008
An African-American civilian employee of the U.S. Army who alleges he lost out to a white co-worker for a promotion because of race discrimination in violation of Title VII has his case transferred from the District of Columbia U.S. District Court to the Alexandria U.S. District Court.
Proper venue for this action cannot be established […]
Criminal - Mail Fraud - Conspiracy - Government Contract
By Deborah Elkins
September 1, 2008
An Alexandria U.S. District Court denies a former high-ranking CIA official’s motion to dismiss the bulk of the counts against him in a second superseding indictment (SSI) that charged defendant with wire and mail fraud, conflict of interest, money laundering, conspiracy and related offenses arising from his alleged scheme to steer $2 million in government […]
Civil Rights - Online Land Records - Privacy Right – SSNs
By Deborah Elkins
September 1, 2008
A Richmond U.S. District Court holds that Va. Code § 59.1-443.2 is unconstitutional and cannot be applied to the Web site of a privacy-rights advocate opposed to the inclusion in online land records of personal information such as Social Security numbers, who has used her Web site to post SSNs of certain legislators and clerks […]
Environmental - Toxic Substances Control Act - Administrative Warrant
By Deborah Elkins
September 1, 2008
The Environmental Protection Agency can obtain an administrative warrant to inspect places containing regulated chemical substances in order to carry out the EPA’s authority under the Toxic Substances Control Act, 15 U.S.C. § 2601, and the 4th Circuit upholds the district court’s issuance of a warrant and preliminary injunction order preventing the ship’s owner from […]
Criminal - Speedy Trial Act - Continuance - Ends Of Justice - Marijuana Plants
By Deborah Elkins
September 1, 2008
A West Virginia couple charged with growing marijuana at their home have their convictions overturned by the 4th Circuit because the 103-day continuance ordered by the district court did not comply with the strict requirements for granting an ends-of-justice continuance and the convictions violated the Speedy Trial Act.
In June 2006, the Supreme Court decided Zedner […]
Negligence - Premises Liability – Third-Party Assault – Social Guest
By Deborah Elkins
August 29, 2008
A tenant’s guest who was attacked by a trespasser to the apartment complex can sue the complex owners and managers, who allegedly had claimed enhanced security at the complex, for negligence and as a third-party beneficiary of the contract between the tenant and the landlord, a Loudoun County Circuit Court rules.
Shehan v. Rush (Loudoun County […]
Intellectual Property - Drug Application - ANDA - Injunction
By Sarah Rodriguez
August 28, 2008
A Richmond U.S. District Court denies a temporary restraining order sought by plaintiff pharmaceutical company that alleges it agreed to fund defendant pharmaceutical company’s development of an abbreviated new drug application (ANDA) for Metformin, a diabetes medication, and Benzonantae, a cough medicine, in exchange for certain marketing rights.
Plaintiff alleges that pursuant to the parties’ agreements, […]
Tort - FTCA – Prison Inmate – Multiple Attacks
By Deborah Elkins
August 28, 2008
A federal inmate who alleges he informed prison authorities that he had been attacked and was vulnerable to repeat attack by gang members has his claim under the Federal Tort Claims Act dismissed by a Roanoke U.S. District Court.
Brown v. U.S. (USDC-WD) (VLW 008-3-289) (7 pp.)
Search & Seizure - Consensual Encounter - Man In Parked Car - Drugs In Bag
By Deborah Elkins
August 27, 2008
Police had reasonable articulable suspicion to seize defendant and order him out of his car after he three times failed to comply with a police request not to reach down to the floorboard of his car, parked in a motel parking lot where police recently made other drug busts, and the drugs found in a […]
Civil Rights - Online Land Records - Privacy Right - SSNs
By Deborah Elkins
August 26, 2008
A Richmond U.S. District Court holds that Va. Code Sec. 59.1-443.2 is unconstitutional and cannot be applied to the Web site of a privacy-rights advocate who has used her Web site to post SSNs of legislators and clerks of court.
Ostergen v. McDonnell (USDC-ED) (VLW 008-3-323) (33 pp.)
Contract – Parking Lot Design – Economic Loss Rule
By Deborah Elkins
August 25, 2008
A parking lot designer cannot use the “economic loss rule” to persuade a Fairfax Circuit Court to dismiss plaintiff recycling business’s suit alleging breach of contract/professional negligence.
Central Park Drive LLC v. Rinker Design Assocs. (Fairfax Cir. Ct.) (VLW 008-8-181) (3 pp.)
IMPORTANT OPINIONS
- Corporate - ‘Person’ - Hospital Authority - Guaranty Association
- Criminal - Felon In Possession – Necessity Defense
- Criminal - Murder – Grand Larceny – ‘Other Crimes’ Evidence
- Tort - Defamation - Political Campaign Literature
- Negligence - Premises Liability - Third-Party Assault - Social Guest
- Traffic Offenses - DUI - Certificate - Breathalyzer Equipment - Calibration