Opinion Digests

Mar 7, 2023

County school board sued for race discrimination

Where a former employee of the Albemarle County School Board alleged that she felt compelled to resign after experiencing repeated race-based comments that caused her mental and emotional distress, and after the school board did not intervene or act to address these comments, she plausibly alleged a claim for race discrimination. Background Emily Mais has […]

Mar 7, 2023

Voluntary surrender doesn’t moot cancellation claim

Where defendants argued a company lacked standing to assert a trademark cancellation claim because they had voluntarily surrendered the trademark, the court rejected that argument. The company alleged it was damaged prior to the voluntary surrender, which was sufficient to confer standing. Background Makina ve Kimya Endustrisi A.S., a Turkish company that manufactures firearms, has […]

Mar 7, 2023

Debtors fail to show bank violated discharge injunction

Where debtors asserted that a bank violated the discharge injunction, but their arguments had already been rejected by courts, misapprehended the law or stated claims that were implausible, the bank was granted judgment on the pleadings. Background This case involves pro se debtors, James Andrew Hegedus and Virginia Ellen Hegedus, who have engaged in litigation […]

Mar 7, 2023

Evidence from warrantless apartment search suppressed

Where police entered appellant’s apartment without a warrant, evidence found during the search should have been suppressed. Police lacked probable cause or exigent circumstances to enter. Appellant’s conviction for a drug offense is vacated and the case is remanded for further proceedings. Background Police responded to a 911 “disorderly” call. Dickens answered the door. As […]

Mar 7, 2023

COVID-19 emergency orders tolled statutes of limitations

Where the circuit court ruled that the statute of limitations barred appellant’s personal injury claims against appellee, an emergency order related to the COVID-19 pandemic tolled all statutes of limitations, not just those that would have expired during a discrete period. All SOLs At issue is the Seventh Order, which “limited the tolling period to […]

Mar 7, 2023

Probable cause to arrest appellant

Where police detained appellant while investigating a domestic assault, even assuming without deciding that she was arrested, the police had probable cause to do so upon information that she allegedly was the “primary aggressor.” Her attack of a police officer who responded to the domestic assault cannot be excused as appellant’s attempt to resist an […]

Mar 7, 2023

Text messages authenticated, considered party admission

Where appellant was convicted after a bench trial of the attempted first-degree murder of his girlfriend, destruction of property and several firearm offenses, appellant’s text messages to the girlfriend after he shot at her were properly authenticated and could be considered as a party admission. Further, there is enough evidence to sustain appellant’s conviction on […]

Mar 7, 2023

No double jeopardy issue in police chase case

Where appellant was convicted of eluding the police in one county, double jeopardy principles do not prevent his prosecution in another county for eluding because there were two separate incidents. Two separate acts “The only relevant inquiry in this case is whether Wilson committed a separate offense of eluding in Pittsylvania County. “Without question, Wilson […]

Mar 7, 2023

Expert could testify at possession trial

Even though an expert witness testified at trial about matters not disclosed to appellant before his trial on a drug possession charge, the testimony was properly admitted. The failure to disclose did not prejudice appellant. Traffic stop Police stopped appellant Tyler’s car after he darted in front of another vehicle. Smith was the front seat […]

Mar 7, 2023

Victim provided credible testimony at rape trial

Where appellant was convicted of two counts of rape, the trial court correctly denied his motion to strike after determining that the victim provided credible testimony about the assaults. Further, the victim’s lack of consent was sufficient to prove appellant used force to accomplish the assaults. Inconsistencies Appellant “Thullah asserts that H.B.’s uncorroborated testimony was […]

Feb 28, 2023

Borrower liable for breaching loan agreement

Where a company sued for violating a loan agreement argued the plaintiff failed to approve third-party financing options that would have allowed the loan to be repaid, but it failed to show that it would have been unreasonable or wrongful for the plaintiff to withhold its approval, the plaintiff was granted summary judgment. Background This […]

Feb 28, 2023

‘Tester’ has standing to sue over reservation websites

Because a “tester” did not need to show an intention or need to actually book rooms at hotels in order to establish informational injury-based Article III standing to sue for alleged ADA-website violations, the district court erred in dismissing her suit for lack of standing. This decision deepened a split among the circuits on this […]

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