Quantcast
Home / Opinion Digests (page 10) /

Opinion Digests

Environmental groups’ challenge to pipeline rejected (access required)

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 ...

Read More »

Mitigation evidence should have been considered (access required)

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. ...

Read More »

Agreement was insurance contract, arbitration clause void (access required)

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 ...

Read More »

Ban of constituent from Facebook page violated First Amendment (access required)

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. ...

Read More »

‘Incumbent Protection Act’ is unconstitutional (access required)

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 ...

Read More »

Economic loss doctrine no bar to caregiver’s injury claim (access required)

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 ...

Read More »

No additional relief after county cancels bid proposal (access required)

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 ...

Read More »