Virginia Lawyers Weekly VA Lawyers Weekly

In this appeal of a permanent injunction prohibiting the enforcement of a Maryland statute that limits the range of permissible conduct, attire, and entertainment at establishments licensed to serve alcoholic beverage, the 4th Circuit says the statute prohibits a broad ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge James A. Wynn Jr.

Saying it could conceive of few social groups “more readily identifiable than the family,” the 4th Circuit grants a petition for review of a BIA order of removal of petitioner and his family to El Salvador, as the BIA’s conclusion ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

A new OSHA Directive announcing case-by-case enforcement of safety standards for steel structures cannot be reviewed by a federal court on a challenge by a trade association, because the Directive is not a “standard” subject to review under the controlling ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge J. Harvie Wilkinson III

On remand from the U.S. Supreme Court, the 4th Circuit stands by its earlier unpublished opinion and affirms the district court’s use of a prior North Carolina state conviction for purposes of imposing on Jason Simmons an enhanced sentence under ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Although a South Carolina state court upheld a criminal contempt finding against a legal-malpractice plaintiff who allegedly used a fraudulent letter in his expert’s deposition, the 4th Circuit says the malpractice plaintiff did not receive due process before the state ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

A Richmond U.S. District Court permits plaintiffs to amend their antitrust suit alleging defendants bribed foreign government officials to ensure the continuing sale in those countries of a fuel additive made by defendants, to add Iraq as a separate geographic ...

Tagged with: Civil Procedure Judge Henry E. Hudson U.S. District Court - Eastern District

A Richmond U.S. District Court grants summary judgment to the Commonwealth of Virginia in a suit challenging the citizens-only provision of the Virginia Freedom of Information Act filed by a Rhode Island father seeking information from the Division of Child ...

Tagged with: Administrative Judge James R. Spencer U.S. District Court - Eastern District

A search of a package mailed from Bolivia to defendant’s home in Alexandria, after x-rays showed the picture frames and coasters inside the package had an unusual density, was a border search conducted within the government’s constitutional and statutory authority, ...

Tagged with: Judge T.S. Ellis III Search & Seizure U.S. District Court - Eastern District

A school bus driver who was part of a successful 2005 overtime-pay lawsuit the school board settled in 2009, has not stated a claim under the anti-retaliation provision of the Fair Labor Standards Act with her allegations that her 2010 ...

Tagged with: Judge James R. Spencer Labor U.S. District Court - Eastern District

The Virginia State Bar wants to know what you think about the fitness of Del. Joe Morrissey, D-Henrico, to practice law. Morrissey has petitioned the VSB to restore his license, which was revoked in April 2003, and a hearing on ...

Tagged with: Ethics Virginia State Bar