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Recent Articles from Nick Hurston
Norfolk court dismisses Fourth Amendment claims over license plate reader use
The Eastern District of Virginia ruled that Norfolk's ALPR system does not violate Fourth Amendment rights, dismissing claims it allowed unconstitutional tracking.
LLC Act requires constructive, not actual, knowledge
The Virginia Court of Appeals rules LLC statute “knowledge” means constructive knowledge, not actual knowledge.
Insufficient assertion of intent to separate dooms divorce complaint
A Fairfax judge dismissed a divorce complaint, ruling intent to permanently separate must be pleaded under Virginia law.
Subcontractor granted preliminary injunction against termination
A Fairfax Circuit Court judge halted a subcontract termination, citing likely reputational harm and contract violations.
Magistrates are ‘judicial officers,’ may issue emergency custody orders
The Virginia Court of Appeals ruled magistrates are judicial officers authorized to issue emergency custody orders under the SVPA.
Court erred in damages calculation, award of attorney’s fees
The Court of Appeals of Virginia reversed a fraud damages award and vacated attorney’s fees, citing lack of equitable relief.
Notice sent to wrong address leads to void ab initio dismissal order
Virginia appeals court says trial court violated due process by dismissing a malpractice case after mailing notice to the wrong address.
Potential conflict of interest disqualifies co-conspirators’ counsel
A federal judge barred an attorney from representing co-conspirators, citing conflicts that hindered full sentencing advice.
Court will not enjoin school board’s public comment policy
The 4th Circuit refused to block a school board policy barring speakers from criticizing individual students during meetings.
Speculative allegations insufficient to support restraining order
A Virginia federal judge denied a TRO, finding speculative allegations insufficient to show former employees breached non-compete or fiduciary duties.
Refusing continuance for jailed dad deemed error
Virginia appeals court rules trial judge abused discretion by denying a continuance that led to termination of a father’s parental rights.
Subjective testimony about life with fibromyalgia enough for disability
The 4th Circuit ruled an ALJ wrongly discounted a claimant’s fibromyalgia testimony and ordered Social Security benefits awarded.
Verdicts & Settlements
- Motor Vehicle-Negligence Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
- Premises Liability – Fall down stairs at resort results in injuries, death
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
Opinion Digests
- The Most Important Opinions, January-June 2026
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
