Virginia Lawyers Weekly VA Lawyers Weekly

A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status. Background Under 8 U.S.C. §1101(a)(27)(J), immigrant children may become lawful permanent ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge A. Marvin Quattlebaum Jr.

Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the president ...

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

Where an insurance company consistently advised a repair shop that it would pay the standard hourly rate to repair hail damage to the insured’s vehicle, the insured has not shown that an enhanced rate was reasonable and necessary to make ...

Tagged with: Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

Where defendant became liable for damages arising from an accident involving a leased vehicle, his circuit court appeal is dismissed because a letter from the vehicle’s owner was not a “written irrevocable confirmation of indemnity coverage” for appeal purposes. There ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge Robert J. Smith Virginia Circuit Courts

Where defendant was convicted of aiding another person to unlawfully obtain documents from the Virginia Department of Motor Vehicles, the jury verdict is set aside because the crime has an implied mens rea element that was not reflected in the ...

Tagged with: Criminal Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

A member of a dissolved limited liability corporation who is not a lawyer cannot litigate on behalf of the dissolved LLC. A complaint against defendant signed by the member is a “nullity” and defendant’s demurrer is sustained without leave to ...

Tagged with: Corporate Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Petitioner, a member of the Petersburg City Council, is an “officer of the locality” within the meaning of Code § 15.2-2311, and as such, has standing to challenge a decision made by respondent city’s zoning administrator regarding residential use of ...

Tagged with: Civil Procedure Judge Joseph M. Teefey Jr. Petersburg Circuit Court Virginia Circuit Courts

The trial court was not required to “equalize” the distribution of the assets or division of debts between the parties. Background Husband and wife were married on May 29, 1993, and separated on Sept. 1, 2014. On June 8, 2016, ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where a private prison investigator failed to give Miranda warnings to a prisoner before questioning him about possession of contraband, and the trial judge granted a motion to suppress, that judgment is affirmed. Background Brandon Briggs was incarcerated at the ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

The plaintiff failed to allege facts from which it could be reasonably inferred that his arrest for driving while intoxicated was unsupported by probable cause, especially given that the preliminary breath test performed on the scene revealed a blood alcohol ...

Tagged with: Judge Glen E. Conrad Tort U.S. District Court - Western District