Virginia Lawyers Weekly VA Lawyers Weekly

A law firm claiming it was entitled to a fee for referring a plaintiff in an antitrust case lost when the court agreed there was no binding contract and no right to funds in equity. Background In February 2010, Criden ...

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

The Sierra Club and other environmental groups failed to persuade the court that Virginia erred in issuing permits required for the construction of the Atlantic Coast natural gas pipeline. Background The Atlantic Coast Pipeline is a proposed interstate natural gas ...

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

The trial court erred in not addressing important mitigation evidence related to defendant’s mental health or how his mental health issues caused him to pursue litigation strategies that were contrary to his own interest and consequently raised his sentencing exposure. ...

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

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

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

Although neither the U.S. Supreme Court nor any Circuit has addressed whether a governmental social media page constitutes a public forum, the court found aspects of the Loudoun County Board chair’s Facebook page bear the hallmarks of a public forum. ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge James A. Wynn Jr.

In rejecting the commonwealth’s challenge to a decision that the “Incumbent Protection Act” violates the First Amendment, the court found the law’s operative provisions are unconstitutional and impose a “severe” burden on the associational rights of Virginia’s political parties. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge J. Harvie Wilkinson III

In a case of first impression, the court determined that Title VII’s 180-day waiting period is not jurisdictional. In deciding whether the district court erred in dismissing the plaintiff’s court action, which was filed before 180 days from the time ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge James A. Wynn Jr.

The economic loss doctrine does nor bar a contractual caregiver’s personal injury claim arising from a patient’s attack where the complaint alleges the patient’s wife, who hired the caregiver, did not warn her of her husband’s behavioral issues. Background Rosa ...

Tagged with: Judge David W. Lannetti Negligence Norfolk Circuit Court Virginia Circuit Courts

Plaintiff bidder, who challenged defendant county’s decision to award a jail healthcare contract to another bidder, is not entitled to additional relief after the county canceled the award and withdrew the bid proposal. The demurrer, filed by the county and ...

Tagged with: Contract Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Even though defendants, for purposes of their plea in bar, have offered to stipulate to all the facts plaintiff has pleaded in the complaint, this is not a basis to deny plaintiff’s request for a jury trial. A jury will ...

Tagged with: Civil Procedure Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts