http://www.valawyersweekly.com/opiniondigests Fri, 18 Jul 2008 15:18:51 +0000 http://backend.userland.com/rss092 en Was it an ironic twist of fate or just a lucky break when a lawyer who allegedly missed the six-month deadline to refile after a nonsuit was saved when the client missed the statute on his legal malpractice suit against the lawyer? Laios v. Wasylik (USDC-ED) (VLW 008-3-255) (13 pp.) http://www.valawyersweekly.com/opiniondigests/2008/07/18/attorneys-legal-malpractice-%e2%80%93-limitations-%e2%80%93-oral-contract-2/ A Charlottesville U.S. District Court upholds the foreclosure sale of a woman’s Nelson County property even though she claims the newspaper notice of the sale in the Nelson County Times for the sale was deficient under Va. Code § 55-59.3 because the notice did not carry the street address of ... http://www.valawyersweekly.com/opiniondigests/2008/07/17/creditor%e2%80%99s-rights-foreclosure-sale-newspaper-ad-notice-va-law/ A police threat to prosecute defendant’s sister for possession of the cocaine found in the green SUV in which police found drugs unless defendant confessed, did not amount to a coercion of his statement that would require suppression, the Court of Appeals holds. Hill v. Commonwealth (Va.Ct.App.) (VLW 008-7-322) (9 pp.) http://www.valawyersweekly.com/opiniondigests/2008/07/16/criminal-cocaine-possession-%e2%80%93-prosecution-threat-%e2%80%93-defendant%e2%80%99s-sister/ In sentencing a defendant apprehended and convicted in 2007 for a bank robbery committed in 1989, an Abingdon U.S. District Court applying the federal sentencing guidelines in effect in 1989 for a four-level enhancement finds defendant “otherwise used” the gun by cocking it and pointing it at bank tellers as ... http://www.valawyersweekly.com/opiniondigests/2008/07/15/criminal-sentencing-%e2%80%93-bank-robbery-%e2%80%93-firearm-use/ The 4th Circuit upholds a North Carolina federal district court’s abstention in this lawsuit filed by a car dealer who claimed he spent more than $2 million to develop a site for a new auto park before the town rezoned the property, and whose lawsuit is “in a gray area ... http://www.valawyersweekly.com/opiniondigests/2008/07/14/civil-procedure-jurisdiction-%e2%80%93-burford-abstention/ A Norfolk U.S. District Court says a  pro se plaintiff has no cause of action under the Age Discrimination in Employment Act, 29 U.S.C. § 521 et seq., based on allegations that an employee of defendant CACI Dynamic Systems Inc. failed to hire plaintiff after an interview during which the ... http://www.valawyersweekly.com/opiniondigests/2008/07/12/employment-discrimination-age-failure-to-hire/ A federal court can require a man on supervised release from drug and weapons convictions, previously diagnosed with schizophrenia and bipolar disorder, to submit to injections of anti-psychotic drugs as a special condition of release, the 4th Circuit holds. U.S. v. Holman (USCA) (VLW 008-2-118) (11 pp.) http://www.valawyersweekly.com/opiniondigests/2008/07/09/civil-rights-supervised-release-condition-%e2%80%93-antipsychotic-drug-%e2%80%93-involuntary-dosage/ A deputy sheriff who suspected an underage drinking party and entered plaintiff’s home with the stepparent of a girl whose car was parked outside, after knocking for 25 minutes, does not have qualified immunity from the homeowner’s civil rights suit, and the deputy’s warrantless entry was not excused under the ... http://www.valawyersweekly.com/opiniondigests/2008/07/08/civil-rights-warrantless-entry-%e2%80%93-noise-complaint-%e2%80%93-trespass/ Police did not violate a driver’s Fourth Amendment rights when an officer stopped her pickup truck for an inoperative brake light, and after recalling that he had seen the driver the week before at a house searched for narcotics, and after she declined to consent to a search, asked “Do ... http://www.valawyersweekly.com/opiniondigests/2008/07/07/search-seizure-traffic-stop-drug-dog-threat-2/ In this suit alleging malpractice arising from administration of morphine to a patient known to be allergic to morphine, an Augusta County Circuit Court holds that defendant pharmaceutical company may not refuse to respond to plaintiff’s request for admission of expert opinion. The problem that we now have to confront arises ... http://www.valawyersweekly.com/opiniondigests/2008/07/07/medical-malpractice-discovery-requests-for-admission-morphine-allergy/