Virginia Lawyers Weekly VA Lawyers Weekly

Where a majority of the judges in regular service and not disqualified did not vote to hear the defendant’s petition for en banc reconsideration of the court’s denial of his motion for bail and stay of sentence pending appeal, his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where a man convicted of receiving and possessing child pornography was barred from accessing the internet, that was improper. A complete internet ban is almost always excessive for “non-contact child pornography activity, or similar conduct” where there was no actual ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

Where a Virginia consumer alleged that the Tennessee Valley Authority, or TVA, was charging individual consumers too much for its electric power, the court lacked jurisdiction to review that claim under the Administrative Procedure Act because ratemaking authority is committed ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Julius N. Richardson

Where the plaintiff failed to support any of her claims with evidence, no reasonable person would believe the claims were factually justified and it appeared the suit was filed for an improper purpose, the plaintiff must pay the defendants’ legal ...

Tagged with: Judge Claude M. Hilton Sanctions U.S. District Court - Eastern District

Where the record showed that a Navy employee wasn’t selected for a supervisory position for reasons other than his race or prior employment complaints, the Navy prevailed on his discrimination and retaliation claims. Background Antonio Smith is an African American ...

Tagged with: Employment Discrimination Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where a man was actively resisting arrest and the officers reasonably believed he was reaching for a weapon, it was not unreasonable to place plaintiff on the ground to employ a device that immobilized his legs. Background Dedric Lattimore, brought ...

Tagged with: Civil Rights Judge Claude M. Hilton U.S. District Court - Eastern District

Where the hearing officer deciding whether Fairfax County failed to provide a free appropriate public education, or FAPE, as required by the Individuals with Disabilities Education Improvement Act, or IDEA, decided an issue that was not raised by the parties, ...

Tagged with: Administrative Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where a student asserted multiple claims against Liberty University stemming from his dissatisfaction with a course in which he received an F grade, each of his claims was dismissed because they failed as a matter of law. Background Jerdonnis Murray ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

Although a doctor who allegedly examined the Martinsville-based patient through a telemedicine program was physically present in North Carolina, there was personal jurisdiction over the doctor. The doctor’s alleged tortious actions are considered to have occurred in Virginia since the ...

Tagged with: Judge Michael F. Urbanski Medical Malpractice U.S. District Court - Western District

Where the parties moved to settle the suit alleging that pizza delivery drivers were not paid overtime and the record showed that the collective-action plaintiffs all held the same job, were subject to the same overtime pay calculation, liability was ...

Tagged with: Employment Judge Thomas T. Cullen U.S. District Court - Western District