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Opinion Digests

Evidence sufficient to support perjury convictions (access required)

The court of appeals upheld two perjury convictions arising from the defendant’s prior testimony explaining why he did not appear in court as required, finding that his acquittal for failure to appear did not preclude perjury charges. On February 6, ...

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Jury waiver enforceable even if contract isn’t (access required)

Analogizing to federal arbitration jurisprudence, the court held that a jury waiver was enforceable even in an agreement alleged to be fraudulently induced, since the challenging party did not allege that the waiver provision itself was procured by fraud. On ...

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Dark web search warrant issued in good faith (access required)

A warrant executed in good faith, even if unconstitutional, did not render resulting evidence of child-pornography crimes inadmissible, the court of appeals held. Appellant Robert McLamb was identified by the FBI as a visitor to Playpen, a website accessible only ...

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Firefighter presented triable Title VII issues (access required)

A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s complaints of harassment and that it retaliated against her after she complained, the court of appeals held; thus, summary judgment for the County was improper. ...

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“Hate group” designation not commercial speech (access required)

A philanthropy guide’s publication of the Southern Poverty Law Center’s “hate group” designation for Plaintiff Liberty Counsel is not grounds for liability under the Lanham Act, the court held. Liberty Counsel is a nonprofit education, advocacy, and legal defense organization ...

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