Virginia Lawyers Weekly VA Lawyers Weekly

A blind plaintiff lacked standing to sue a Virginia bank for maintaining a website without reasonable accommodations for individuals with disabilities, as he lived 300 miles from the nearest branch. Further, the bank’s voluntary upgrades – made prior to the ...

Tagged with: Banking Civil Rights Disability Judge James P. Jones U.S. District Court - Western District

Although written documents were unclear as to whether a therapy service contract transferred to a subsequent facilities operator, the successor’s acceptance of therapy services as if the service contract applied created a contract implied-in-fact, with the same payment terms as ...

Tagged with: Attorneys Fees Business Law Civil Practice Contract Judge Jackson L. Kiser U.S. District Court - Western District

Plaintiffs seeking to have their insurance company defend and indemnify them in underlying defamation actions in Virginia state court didn’t present any “good reason” for the federal court not to exercise diversity jurisdiction to interpret their policy coverage. Background Rickey ...

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

In a suit targeting U.S. military agencies’ failure to report information that should have prevented the Sutherland Springs shooter from obtaining his weapon, the cities of New York, Philadelphia, and San Francisco failed to allege a concrete injury or discrete ...

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

A Taliban fighter’s conviction for conspiring and attempting to destroy a U.S. helicopter in 2009 was subject to the rules of non-international conflict under the Third Geneva Convention, and accordingly U.S. courts could adjudicate and review it. Background Appellant Irek ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Constitutional International Law Judge Henry F. Floyd

When the Department of Justice published in the Federal Register a group effort by table saw manufacturers to develop a new safety component, a company already marketing such a component was on sufficient notice that the manufacturers were working together ...

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

In a class action against Bank of America for failure to provide information regarding lender-paid mortgage insurance, the district court did not err in concluding that the Plaintiffs’ type of mortgage loans didn’t require such disclosures under the Homeowners Protection ...

Tagged with: 4th U.S. Circuit Court of Appeals Banking Judge J. Harvie Wilkinson III Mortgage

Regarding its use of the mark “Backyard Grill,” genuine issues of material fact should have prevented the trial court’s conclusion as a matter of law that Walmart was liable for infringement damages of approximately $32.5 million, plus attorneys’ fees and ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Intellectual Property Judge Henry F. Floyd

A U.S. Department of Health & Human Services contractor that used an auto-dialer to send pre-recorded messages about the availability of health insurance enjoyed derivative sovereign immunity for what may have otherwise been a TCPA violation. Background The Affordable Care ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Judge Henry F. Floyd Telecommunications

During a traffic stop based on the size of the defendant’s car air freshener, officers found a substantial amount of drugs, hundreds of dollars in loose cash, a loaded gun – and the defendant’s toddler. Background In 2013, Officer R. ...

Tagged with: Criminal Evidence Per Curiam Opinion Supreme Court of Virginia