Free Newsletter
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
‘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 […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Loading ...