Virginia Lawyers Weekly VA Lawyers Weekly

Retired Fairfax Circuit Judge Jack B. Stevens passed away Dec. 20, 2018. He was 85. A native of Florida, Judge Stevens graduated from high school in Bakersfield, California in 1950; he then enlisted in the U.S. Marine Corps. He earned ...

After the Virginia Attorney General elected to not appeal a lower court decision holding certain redistricting violated the Equal Protection clause because it was based on race, members of Virginia’s House of Delegates took up the appeal. However, the court ...

Tagged with: Constitutional Justice Ruth Bader Ginsburg U.S. Supreme Court

A company that wants to mine raw uranium in Virginia, but cannot because of a Virginia ban on uranium mining, failed to persuade the court that Virginia’s ban was preempted by the Atomic Energy Act, or AEA. Background Virginia Uranium ...

Tagged with: Administrative Justice Neil M. Gorsuch U.S. Supreme Court

Where the wife of a deceased mine worker sought to review an audit of the company’s pension plan to challenge its prior benefits decisions, the district court’s ruling denying her access is reversed and she can use the audit for ...

Tagged with: 4th U.S. Circuit Court of Appeals Labor Per Curiam Opinion

Where a mother alleged that her obstetrician caused injuries to her child by using excessive force during her vaginal delivery but agreed that he did not violate the standard of care by proceeding with the vaginal delivery, she was precluded ...

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

A defendant was properly subject to an enhanced sentence because his prior state conviction for distribution of crack cocaine qualified as a serious drug offense under the Armed Career Criminal Act, or ACCA, and a controlled substance offense under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King

State court class actions on behalf of owners of stock in an electric and gas utility, which alleged that the company’s CEO and board members breached their fiduciary duties by agreeing to a merger with an energy-based utility company and ...

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

A defendant properly received a sentencing enhancement under the Armed Career Criminal Act, or ACCA, because his prior state convictions for common law robbery and accessory before the fact of armed robbery both qualify as violent felonies. Background In 2009, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet ...

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

Three female servers at a restaurant, who alleged that they complained to the owner of the restaurant about repeated sexual harassment by one of their managers and were ultimately forced to resign as a result of the harassment, were entitled ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District