A person usually cannot withdraw his guilty plea absent a very good reason. As a recent case shows, the fact that a judge rejects a sentencing recommendation embedded in a plea bargain is not a “good reason.” This case is a good illustration of the fact that there are different forms of plea agreements — ones that are binding on a court and ones that are not. Defendants should definitely understand and appreciate the differences.
A doctor finds himself in an even worse position after he is alleged to have obstructed justice in a medical malpractice case brought against him personally, and against his professional corporation. In the case out of the Circuit Court of Martinsville, the doctor was sanctioned for giving false answers to discovery requests, surreptitiously accessing the plaintiff’s medical records in violation of HIPAA, influencing a witness to testify falsely, and intentionally concealing evidence by hiding a
Despite the fact that Arlington County is a bustling urban county, located across a river from Washington, D.C., the legal culture has a small-town feel. Prosecutors and active criminal defense attorneys are relatively few in number here. They have an adversarial relationship in court, as they must, but tend to respect each other and even like each other. It is not uncommon for a prosecutor and criminal defense lawyer to argue passionately and aggressively on
The Fair Labor Standards Act (FLSA) gives employees powerful tools to recover unpaid minimum wages and overtime from their employers. Not only can employees sue for double damages, plus attorneys’ fees, but they can sue owners personally and bring their claims as “collective actions” that notify other employees of the claims and enable them to join the lawsuit. In Genesis Systems Corp. v. Symczyk, No. 11–1059 (Apr. 16, 2013), the United States Supreme Court ruled
A driver for Shuttle Express, the popular transportation service for passengers going in and out of the Baltimore-Washington International Airport, sought to bring a collective action against the Company alleging violation of the Federal Labor Standards Act (“FLSA”). Relying on the Supreme Court’s April 2011 holding in AT&T Mobility LLC v. Concepcion, the Fourth Circuit foreclosed the driver’s federal lawsuit and compelled arbitration because he signed an arbitration clause in which he waived his right