Virginia Lawyers Weekly VA Lawyers Weekly

Where a defendant convicted of murder voluntarily dismissed a parole eligibility claim from his initial 28 U.S.C. § 2254 petition after the district court denied his request for a stay in order to exhaust state proceedings, he did not need ...

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

Although the defendant argued an affidavit in support of a search warrant did not establish probable cause to search his house for drugs, a tip received by the law enforcement officer that it was a “narcotics home,” and the officer’s ...

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

A defendant’s motion to suppress a firearm found in his vehicle was correctly denied where the arresting officer had probable cause to arrest him for driving under the influence, would have searched him incident to that arrest and inevitably would ...

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

Where the testimony of co-conspirators and cooperating witnesses, as well as recorded conversations involving the defendant supported a man’s conviction for conspiracy to distribute methamphetamine, the conviction was affirmed. Background Tony Chevallier appeals his conviction and sentencing for conspiracy to ...

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

Plaintiffs lacked standing to challenge changes to Virginia’s Medicaid reimbursement rates and their applicability to emergency rooms and hospital readmissions via a declaratory judgment action. Background This suit involves the Commonwealth of Virginia’s Medicaid reimbursement rates and their applicability to ...

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

Where the automobile policy was effectively rescinded because the insured failed to pay the policy premium and ignored follow-up letters, the carrier had no duty with respect to a subsequent car accident. Background Plaintiff sought a declaration that it does ...

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

Where a COVID-19 outbreak at a jail delayed defendant’s review of pre-trial discovery provided by the government, and only a limited number of courtrooms were  appropriate for a jury trial, a continuance was necessary in the “interests of justice” due ...

Tagged with: Criminal Judge Mark Davis U.S. District Court - Eastern District

A plaintiff’s Fair Credit Reporting Act claims against the credit reporting company Experian failed to include sufficient factual allegations to make them plausible, or were implausible in light of the factual allegations in the complaint. Background On Nov. 11, 2019, ...

Tagged with: Consumer Protection Judge Mark Davis U.S. District Court - Eastern District

Although Cisco Systems, which was sued for patent infringement, argued the trial judge should recuse himself after he discovered his spouse owned shares of Cisco and one of its competitors, the motion was denied because a reasonable person would not ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A company that demonstrated that Cisco Systems infringed four of its patents covering complex computer networking security functions was awarded over $755 million in damages. Because Cisco’s infringement was willful, this amount was multiplied 2½ times, resulting in a total ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District