Virginia Lawyers Weekly VA Lawyers Weekly

After the defendant was sentenced to life without parole for crimes committed when he was 17, the Supreme Court held that, when sentencing a minor to life without parole, the court must consider the defendant’s “youth and attendant characteristics.” Because ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz Judge J. Harvie Wilkinson III Judge Julius N. Richardson Judge Stephanie Dawn Thacker

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

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

Where the homeowner timely removed a lawsuit seeking to take possession of real property she formerly owned, there was complete diversity between the parties and the property was valued at more than $75,000, the bank’s motion to remand was denied. ...

Tagged with: Banking Judge Joel Hoppe U.S. District Court - Western District

Where an employee was correctly told that his leave under the Family and Medical Leave Act was exhausted, his FMLA interference and retaliation claims failed because his termination stemmed from violation of the attendance policy. His assertion that he believed ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the defendant failed to appeal from the court’s second order of forfeiture entered in 2014, his 2020 complaints came too late. A  forfeiture may only be challenged on direct appeal, which must be filed within 14 days of entry ...

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

Although a juror omitted material information about four additional family members in law enforcement during voir dire of a capital case involving the killing of a police officer, because the record failed to demonstrate the juror was biased or that ...

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

A defaulting employer has been ordered to pay overtime wages, an equal amount for liquidated damages and attorneys’ fees and costs. That same defendant remains liable for a prior award of fees resulting from a successful sanctions motion. Background This ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

Where an employer never responded to the employee’s claims for unpaid overtime wages and liquidated damages, the employee was awarded $3,920 in overtime wages, an equal amount as liquidated damages and $8,329.75 in attorneys’ fees and costs. Background Plaintiff filed ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

The administrative record did not show the Patent and Trademark Office, or PTO, adopted a secret rule, order or policy to decline to issue patents or to take final PTO action on plaintiff’s patent applications. Rather, delays in processing the ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District