Free Newsletter
Recent Articles from Correy E. Stephenson
4th Circuit sets evidence procedure to be used in eminent domain cases
When considering evidence in an eminent domain case, the U.S. District Court should make determinations of admissibility using the standard Federal Rules of Evidence before trying non-compensation issues under Rule 71.1(h) and making findings of fact and conclusions of law on the record, the 4th U.S. Circuit Court of Appeals has ruled.
Student can bring Title VI claims over peer harassment
A high school student who faced racial harassment and cyberbullying from peers while running for student council can sue the school district and board of education under Title VI, the 4th U.S. Circuit Court of Appeals has ruled.
Supreme Court reverses dismissal of $7M verdict
There was sufficient evidence to support a jury verdict finding a defendant’s negligence was a proximate cause of a car accident that injured the plaintiff, the Virginia Supreme Court has ruled.
4th Circuit reverses dismissal of religious discrimination suit
A registered nurse sufficiently alleged religious discrimination when her request for a religious exemption from receiving the COVID-19 vaccine was denied by her employer, a panel of the 4th U.S. Circuit Court of Appeals has ruled, reversing the dismissal of her lawsuit.
Court nixes advice-of-counsel defense
A defendant failed to meet his burden of production to offer an advice-of-counsel defense, a Western District Court judge has ruled, and the communications with counsel cannot be disclosed or used as evidence at trial because the attorney-client privilege for other parties outweighed the value of the proffered evidence to his defense.
Panel: body cam footage admissible; drug conviction upheld
A trial judge did not err in admitting footage from a police officer’s body-worn camera despite her absence from trial, the Court of Appeals of Virginia has decided, affirming a defendant’s conviction of possessing a Schedule I or II controlled substance.
Concerns over Head Start violations keep FCA suit vs. RPS alive
The former manager of the Richmond Public Schools Head Start Program can move forward with her False Claims Act lawsuit against the school district after she reported concerns about dishonest, illegal and fraudulent conduct, a federal judge has ruled.
Class certification affirmed over member’s objection
A district court properly approved the settlement of a long-running class action suit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has held. Writing for the […]
4th Circuit recognizes ‘overtime gap time’ claim under FLSA
An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. […]
Teacher’s claim survives motion to dismiss
A former Richmond Public Schools teacher can move forward on her Title VII claim for race discrimination against the school district, a federal court judge has ruled. U.S. District Judge […]
First impression: Absolute privilege may apply to lis pendens
Answering a question of first impression, the Virginia Supreme Court unanimously ruled that the filing of a lis pendens is part of a judicial proceeding for purposes of establishing absolute […]
Former DSS director advances wrongful termination claim
A former Department of Social Services (DSS) director can move forward on her First Amendment retaliation and wrongful termination claim against a member of the DSS Board and County Board […]
Verdicts & Settlements
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
Opinion Digests
- Criminal – Sentence for ‘unusually heinous’ conduct is affirmed
- Criminal – Sentence wasn’t unreasonable despite deportation consequences
- Appeals – Waiver in plea agreement forecloses most arguments on appeal
- Appeals – Appellant’s informal brief forfeited appellate review
- Employment – Failure to exhaust administrative remedies dooms Title VII suit
- Jurors – Dishonest juror didn’t violate defendant’s Sixth Amendment rights
- Criminal – Motion to suppress backpack denied where defendant abandoned item
- Civil Rights – Officer denied immunity in fatal shooting case
- Civil Rights – No qualified immunity on excessive force police K-9 claim
- Criminal – Probable cause includes dog’s positive alert for narcotics
- Criminal – Evidence supports obstruction of justice conviction
- Search & Seizure – Inventory search exception applies to warrantless search
