Opinion Digests

Jun 1, 2023

Court refuses to excuse defendant’s default

Where a defendant failed to challenge a count during his plea proceedings or on direct appeal, and there were no grounds for excusing the default, his challenge to that count failed. Background In 2011, Andra Green pled guilty to two counts of using a firearm to commit murder in the course of a “crime of […]

Jun 1, 2023

Law firm denied coverage for search warrant compliance

Where the government executed a search warrant at a law firm, that wasn’t a “claim” under the firm’s insurance policy. The warrant authorized law enforcement to carry out the search and seizure without regard to any response by the target of the warrant. Background The law firm of Brown Goldstein Levy LLP, or BGL, and […]

Jun 1, 2023

Losing party waited too long before challenging award

Where the Federal Arbitration Act gives the losing party three months to challenge an award, the losing party waited too long before filing its motion to vacate. Although the losing party argued the time to appeal ran from the date of post-award motions, the arbitration award was clearly and expressly intended to be a final […]

Jun 1, 2023

Lynchburg fails to dismiss excessive force claims

Where a man suing the City of Lynchburg for excessive force alleged facts making it plausible that the city condoned a practice so persistent and widespread as to constitute a custom or usage with the force of law, his claim survived the city’s motion to dismiss. The man also plausibly alleged claims for failure to […]

Jun 1, 2023

Jury to decide if LHRA is liable for voiding contract

Where the Lynchburg Redevelopment and Housing Authority, or LRHA, voided a contract for security services, a jury will decide if the contract award was arbitrary or capricious and if the security system manufacturer mitigated its damages. Background Ocean 10 is the manufacturer of the TSUNAMI system, an advanced, mobile security camera surveillance system. Ocean 10 […]

Jun 1, 2023

Employee’s attempt to depose board chair fails

Where an employee asserting claims for age discrimination and retaliation failed to explore reasonable alternatives before he sought to depose the chairman of the board of directors and chairman of its Governance and Compensation Committee, the magistrate judge did not err in granting the bank’s motion for a protective order. Background Bradford Kendrick sued his […]

Jun 1, 2023

Jury can see crash video in accident suit

Where a woman sued for injuries she suffered in a motor vehicle accident involving a tractor trailer, the defendant’s attempt to prevent the jury from seeing a 12-second-long video clip, apparently recorded from inside the truck’s cabin that shows the vehicles colliding, was denied. The evidence was relevant to the issue of resulting injuries and […]

Jun 1, 2023

Applicant can’t force AG to act on hardship waiver

Where a man sought a writ of mandamus requiring the Attorney General to act on his April 2022 application for a hardship waiver, but the statute prohibits judicial review of a hardship waiver determination, the suit was dismissed. Background Bethney Lovo is a United States citizen. She is married to Humberto Lovo. Mr. Lovo is […]

Jun 1, 2023

Debtor can’t explain loss of millions of dollars

Where the U.S. Trustee showed there had been an unexplained loss of millions of dollars of assets to meet the debtor’s liabilities, and the debtor failed to provide a satisfactory explanation for the loss of the funds, the trustee prevailed on this claim. Background Bin Hao is an individual residing in Fairfax County. Through Qidian […]

Jun 1, 2023

Petition date determines eligibility for subchapter V

Where the debtors were eligible for proceeding under subchapter V of Chapter 11 at the time they filed their petition, the court could not consider eligibility based on events that occur postpetition (such as the later filing of a bankruptcy case by an affiliate of a debtor). Background On Feb. 7, 2023, Tommy and Anne […]

Jun 1, 2023

Board meeting did not fall within VFOIA exceptions

Where plaintiffs allege that five members of a county board of supervisors violated the Virginia Freedom of Information Act’s open meeting requirements when they attended a police Citizens Advisory Board, or CAB, meeting to discuss responses to riots in the wake of George Floyd’s killing, the gathering was a meeting within the meaning of the […]

Jun 1, 2023

No best interest analysis for child’s relocation

“When granting primary physical custody to a parent in an initial custody determination, the trial court need not separately determine whether living out-of-state is in the best interests of the child, if the prospective custodial parent already lives out of state.” Background Coffey, the child’s mother, and Brandon, the child’s father, jointly agreed that the […]

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