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Criminal: Court changes sentence due to outburst during hearing
In an issue of first impression in this circuit, the court joined other circuits in holding that 18 U.S.C. § 3582 does not deprive the district court of authority to […]
Administrative: Fireworks distributor’s suit against CPSC dismissed
Where a fireworks distributor sued the Consumer Product Safety Commission after it received several warning notices, but the notices did not constitute final agency action, the suit was dismissed. Background […]
Immigration: BIA must reconsider man’s challenge to removal
Where the Board of Immigration Appeals did not correctly apply the law when it held that a man who pleaded guilty to money laundering conspiracy engaged in a “particularly serious […]
Criminal: Court affirms gang members’ convictions
Where members of a gang challenged their convictions on multiple grounds, including that the predicate convictions were not crimes of violence, that “toolmark identification” experts were improperly allowed to testify, […]
Town defeats former employee’s disability claims
Where a former employee for the Town of Abingdon argued that he made a request for an accommodation in January 2018, but a reasonable employer could read this letter only […]
Retirement comments aren’t evidence of age bias
A dean’s and provost’s internal deliberations about a professor’s retirement plans and resistance to technology after not renewing her contract were not “direct evidence” of age discrimination, the 4th U.S. Circuit Court of Appeals has held.
Virginia Tech defeats attempt to enjoin university’s policies
Where an organization alleged that two Virginia Tech policies violate the First Amendment rights of its students, but the organization lacked standing to challenge one policy, and failed to show […]
Intervention denied where case was already on appeal
Where persons and entities moved to intervene in an action in the district court, but the district court had already entered final judgment that had been appealed to this court, […]
Resentencing ordered on firearm discharge claim
Where a man pleaded guilty in 2012 to discharging a firearm in connection with a Hobbs Act conspiracy, but the Supreme Court has since held that conviction could not stand, […]
Virginia recognizes Ghanaian ‘customary law’ divorce
Where two citizens of Ghana were divorced pursuant to Ghanaian customary law, Virginia would recognize that divorce, although neither person was present nor domiciled in Ghana at the time. Background […]
Farmworker provisions survive constitutional attacks
Where a labor union alleged that two provisions of North Carolina’s Farm Act violated its First Amendment Rights, its argument was rejected. The provisions left undisturbed the ability of farmworkers […]
ADA protects gender dysphoria as a covered ‘disability’
Where gender dysphoria falls within the broad definition of “disability” under the Americans with Disabilities Act, or ADA, a transgender woman’s claim that she was discriminated against on the basis […]
Verdicts & Settlements
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
Opinion Digests
- Real Property – Inverse condemnation claim over cemetery is dismissed
- Criminal – Fourth Circuit splits from First Circuit over Virginia robbery statute
- Civil Procedure – No jurisdiction over collection action
- Bankruptcy – Debtor’s plan rejected for myriad issues
- Criminal – Murder defendant’s sentence is vacated
- Criminal – Company executives convicted for not remitting trust-fund taxes
- Criminal – Victim’s testimony supports assault conviction
- Jury and jurors – Excuse of juror wasn’t abuse of discretion
- Employment – Urgent care clinic prevails on former employee’s discrimination claims
- Criminal – Drug distribution convictions trigger career offender enhancement
- Administrative – Court lacked jurisdiction over disputed Medicaid funds
- Criminal – Murderer denied new trial
