Virginia Lawyers Weekly VA Lawyers Weekly

Where a defendant’s in-house counsel told the plaintiff that they were not planning to object to the federal court’s subject matter jurisdiction and their outside counsel later discovered that the defendant’s corporate citizenship negated the complete diversity of the parties, ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Anthony J. Trenga

The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

Reporter’s complaint against individual agents of the Department of Justice and the United States Postal Service who allegedly engaged in illegal surveillance activities against her and her family were dismissed because the individual agents had still not been identified more ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Leonie Brinkema

A majority of the panel upheld a jury’s conclusion the defendant terminated a 30-year employee because of her age, 61. It said the decision was supported by the evidence, including her tenure and comments made around her termination, and found ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

Although the allegedly defective product was shipped to Amazon’s warehouse before being shipped to the customer, because title to the product was never transferred to Amazon, and all other evidence indicated another party remained the seller, Amazon could not be ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Stephanie Dawn Thacker

A debtor might be able to discharge a $20 million plus judgment through a Chapter 7 bankruptcy. The district court found the debt nondischargeable under principles of collateral estoppel, reasoning that, because the debtor was found liable for misappropriating trade ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Stephanie Dawn Thacker

A defendant convicted of several drug related crimes failed to demonstrate the underlying crime stemmed from multiple conspiracies, as opposed to a single conspiracy charged by the government. Background A jury convicted Germaine Cannady of conspiracy to distribute and possession ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

The court held that a jury should determine if tasing of the defendant constituted excessive force. The court additionally held the plaintiff established good cause to extend the deadline to serve one defendant and that he was entitled to use-of-force ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Pamela A. Harris

The expiration of the defendant’s period of supervised release did not mean the district court lacked jurisdiction to sentence him for violating an element of that release because the supervised release term was tolled during the period when the defendant ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris