Virginia Lawyers Weekly VA Lawyers Weekly

After a three-year delay in an “expedited” naturalization process, the court imposed a 45-day deadline for U.S. Citizenship and Immigration Services (USCIS) to render a decision or the court will exercise its authority to decide the case. Background Junfei Ge, ...

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

A university student demonstrated a likelihood that his due process rights would be violated if a hearing went forward, as he had a colorable argument the university lacked jurisdiction to discipline him for an alleged off-campus incident involving a non-student ...

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

A lawsuit challenging the constitutionality of a Virginia statute that automatically suspends drivers’ licenses for failure to pay state court fines and costs was stayed to allow the General Assembly an opportunity to repeal the statute. Background Before the court ...

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

Where plaintiffs voluntarily discontinued their first action against defendants just two months before trial because the attorney that replaced their initial counsel did not have sufficient time to prepare and shortly thereafter filed a nearly identical action against the same ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where a prisoner was killed by a fellow inmate, the facts were insufficient to support a claim against the corrections officers for violations of the prisoner’s rights under the Fifth and Eighth Amendment. Background At the time of his death ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District

An insurance company was not required to defend and indemnify its insured in a trademark and trade dress infringement lawsuit because the insurance policy included a provision excluding coverage for such lawsuits that was unambiguous and explicitly superseded any provisions ...

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

Where servers and bartenders at a restaurant were routinely required to spend significant portions of their time as tipped employees performing both related and unrelated non-tip-producing tasks, they could sue their employer for violations of the Fair Labor Standards Act ...

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

A defendant was properly convicted of burglary based on the partially corroborated testimony of another individual who participated in the burglary, but he could not be convicted of larceny of property with a value of $200 or more based on ...

Tagged with: Criminal Judge Teresa M. Chafin Virginia Court of Appeals

Although the defendant’s conduct, which included his movement as the police officer approached, his proximity to the drugs found underneath his seat and his nervous demeanor, might have been suspicious, they were insufficient to establish beyond a reasonable doubt that ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals

Although the defendant argued he was in custody, so that his statements should have been suppressed, the court held a reasonable person would have believed he was free to leave the police interview. It added that, while the trial court ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals