The 4th U.S. Circuit Court of Appeals has affirmed a products liability and warranty judgment obtained by a non-profit eye bank against two suppliers of eyewash that was later revealed to be contaminated, rendering any recovered tissue unusable. The district ...
Read More »Character of community nixes homestay exception
A county board of supervisors correctly considered neighborhood character as part of public welfare when it denied a homeowner’s application to rent five of his guestrooms on a short-term basis known as “homestays,” the Court of Appeals of Virginia has ...
Tagged with: Judge Frank K. Friedman Real Estate Virginia Court of Appeals
Read More »Drugs suppressed after warrantless entry
Evidence discovered during a warrantless search should have been suppressed because the police lacked probable cause or exigent circumstances to enter a man’s apartment, the Court of Appeal of Virginia has held in a published decision. Judge Doris H. Causey ...
Tagged with: Criminal Judge Doris Henderson Causey Virginia Court of Appeals
Read More »‘Goods or Chattels’: Divorced couple’s frozen embryos can be partitioned
A Virginia circuit court vacated its order that a divorced couple couldn’t partition their frozen embryos under Code § 8.01-93, analyzing more than 100 years of statutory history to reach its conclusion. The couple’s separation agreement didn’t determine what to ...
Tagged with: Domestic Relations Judge Richard E. Gardiner Virginia Circuit Courts
Read More »Company liable for tainted eyewash
The 4th U.S. Circuit Court of Appeals has affirmed a products liability and warranty judgment obtained by a non-profit eye bank against two suppliers of eyewash that was later revealed to be contaminated, rendering any recovered tissue unusable. The district ...
Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Products Liability
Read More »‘Nondelegable’: Wife won’t face housing bias claims alone
A husband’s attempt to foist upon his wife any potential liability for alleged violations of state and federal housing discrimination laws at a property they co-own was thwarted in federal court. After learning that a tenant couple was expecting a ...
Tagged with: Commercial Judge Norman K. Moon U.S. District Court - Western District
Read More »Race bias suit against school board proceeds
An assistant principal’s hostile workplace, constructive discharge and retaliation claims have survived dismissal in federal court after a county school board ignored the racial discrimination she allegedly experienced in the wake of the board’s implementation of an anti-racism policy. The ...
Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District
Read More »Pot odor not probable cause to search parked car
Evidence from a warrantless search was properly excluded where police were drawn to the defendant’s parked car by the odor of burning marijuana, the Court of Appeals of Virginia held in an unpublished opinion. While smoking marijuana had recently been ...
Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals
Read More »‘Valid and enforceable’: Prenup corroborated testimony under Dead Man’s Statute
A circuit court upheld the validity of a premarital agreement after ruling that the document could corroborate an adverse party’s testimony under Virginia’s “Dead Man’s Statute.” After her husband died of COVID-19 while intestate, the plaintiff challenged the validity of ...
Tagged with: Domestic Relations Judge Penney S. Azcarate Virginia Circuit Courts
Read More »Coverage defined in hotel hot tub illness
When a hotel found itself in hot water after a customer claimed he was infected with Legionnaires’ disease by water in the hotel’s pool and hot tub, the hotel’s insurance providers asked the Western District of Virginia to determine whether ...
Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District
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