Virginia Lawyers Weekly VA Lawyers Weekly

Where the sentencing court failed to address the defendants’ non-frivolous arguments against a life sentence, including his age and sentencing disparities with his co-conspirators, resentencing is required. Background A jury convicted appellant Lemont Jerrone Webb of multiple criminal offenses related ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Although a Medicaid recipient claimed that defendants were attempting to funnel adult day health care, or ADHC, recipients into work activity centers, or WACs, he failed to show that he had been affected by the alleged scheme. Background This case ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights

A suit seeking to prevent the United States from foreclosing and selling real properties that are subject to a lien for unpaid taxes was barred by the Tax Anti-Injunction Act, which prevents suits brought to restrain the assessment or collection ...

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

Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

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

Where the mother of a child killed when a tree fell on their mobile home brought a wrongful death claim, the suit was dismissed because the relationship was contractual and there was no common law or statutory duty owed by ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Where it was undisputed that a grape or multiple grapes were present in the area of store where the plaintiff fell, and testimony suggested the store had actual or constructive notice of grapes in that area, the motion for summary ...

Tagged with: Judge Michael F. Urbanski Premises Liability U.S. District Court - Western District

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

A jury will decide if the doctor’s employment agreement was legitimately terminated because of his alleged violation of the Health Insurance Portability and Accountability Act, or HIPPA, or if his termination was because of his complaints about patient safety, which ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

Tagged with: Judge James P. Jones Medical Malpractice U.S. District Court - Western District

Where the plaintiff, who had only recently turned 18, alleged she was subjected to a co-worker’s unwelcome physical contact and comments sexualizing her gender and referencing her physical appearance, she has stated a claim of a hostile work environment. Background ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District