Quantcast
Home / Opinion Digests (page 3) /

Opinion Digests

Federal statute’s sovereign immunity waiver not valid (access required)

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the ...

Read More »

4th Cir.: Federal statute’s immunity waiver not valid (access required)

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the ...

Read More »

Va. Cir.: No prejudice resulted from plea agreement withdrawal (access required)

Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

Read More »

Va. Cir.: Misdemeanor conviction bars felony records expungement (access required)

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

Read More »

CAV: Failure to advise of child’s first communion date didn’t merit contempt (access required)

The trial court erred in holding a father in contempt for failing to notify the mother of their child of the date of their son’s first communion. Background Father and Mother, who separated in 2008, are subject to a final ...

Read More »

EDVA: Vandalized hotel can try denied insurance claim (access required)

Genuine disputes of material fact precluded summary judgment as to whether an insurance company improperly denied coverage for property damage after vandals cut a water line in a hotel undergoing renovations. The insurer claimed that the hotel owners had misrepresented ...

Read More »

4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

Read More »