Virginia Lawyers Weekly VA Lawyers Weekly

A man who encouraged a woman to have carnal knowledge with a dog while performing oral sex on him argued a Virginia statute violated his due process rights, but the court upheld his conviction, finding no fundamental right to engage ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

The defendant argued his prior conviction under Virginia Code § 18.2-57.2, for  misdemeanor assault and battery against a family member, was not a “misdemeanor crime of domestic violence,” as used on the ATF form. The court disagreed, holding that any ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

A coverage-extension provision in a commercial property insurance policy does not entitle the named insured to fire damage coverage for a building owned by the insured’s recently acquired subsidiary. The extension, which applies to newly acquired buildings, cannot be applied ...

Tagged with: Insurance Justice D. Arthur Kelsey Supreme Court of Virginia

A woman who challenged the removal of her $400,000 slip and fall case against Food Lion from state court attempted to reduce damages to $74,000 if the case was remanded. But the court found her case met the standards for ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

A woman’s assertion that her supervisor at VCU made several derogatory remarks about African-American women during a meeting was insufficient to support her discrimination and retaliation claims because she could not establish that the university’s actions, such as giving her ...

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

The court found that Atlantic Coast Pipeline offered evidence at trial as to the value of the easements condemned through its valuation expert, and landowners received fair market value for their properties. Background Atlantic Coast Pipeline LLC seeks to exercise ...

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

The court agreed that Winchester Medical Center did not discriminate or retaliate against its former nursing director, finding there is no adverse employment action when an employer declines to pay discretionary severance benefits because a terminated employee refuses to sign ...

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

In rejecting an attempt by New York, Philadelphia and San Francisco to compel the Department of Defense to provide information to a national database regarding current and former service members who are disqualified from owning a gun, the court found ...

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

After an arbitration agreement was confirmed, the plaintiff alleged in district court that the consulting company fraudulently transferred assets to its individual owner, leaving no assets to satisfy the judgment. Although the district court dismissed the fraudulent transfer and a ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Barbara Milano Keenan

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