Virginia Lawyers Weekly VA Lawyers Weekly

Where the complaint plausibly alleged plaintiffs only learned about possibly improper conduct involving a merger within a year of filing suit, the class action was potentially timely; and where plaintiffs plausibly alleged the omission of material facts from proxy documents, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Securities

Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

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

Where there were lapses in the FBI’s National Instant Criminal Background Check System that allowed Dylann Roof to purchase his semiautomatic weapon, lawsuits seeking to hold the United States responsible will proceed. Background In the weeks following the tragic shooting ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Negligence

Where Sprint argued that Wireless Buybacks, by purchasing phones from Sprint’s customers for resale, tortiously interfered with contracts between Sprint and its customers, the contracts were found to be ambiguous on whether the practice was forbidden. Background Besides providing cellular ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Tort

Where the police were immediately responding to the scene of where gunshots were heard, it was not unlawful for them to temporarily stop men walking away from the scene. The case was remanded to determine whether the search, which revealed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where the defendant’s challenge to his designation as an armed career criminal is not barred by the statute of limitations, the law of the case or a waiver, the district court must consider his arguments that his prior robberies no ...

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

Where a search warrant affidavit was found not sufficient to establish probable cause, testimony from the investigating officer revealed facts not contained in the warrant and supported the belief that evidence of child pornography would be found on the electronic ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where the current post-inclusion process of challenging being listed in the federal government’s Terrorist Screening Database, or TSDB, does not provide a constitutionally adequate opportunity to rebut evidence relied upon in assigning a person TSBD status, it violates the Due ...

Tagged with: Constitutional Judge Anthony J. Trenga U.S. District Court - Eastern District

Where the plaintiffs filed their motion to amend one day after the deadline set by the court, but explained they waited until discovery was complete and after alerting defendants to their intent, the court allowed the amended pleading after finding ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where policyholders alleged their life insurer provided only “half-truths” in order to persuade the plaintiffs to keep their policies, when they would not have done so otherwise, the court denied the insurer’s motion to dismiss the fraud and unfair trade ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District