Virginia Lawyers Weekly VA Lawyers Weekly

Where a bank customer threw himself to the floor after appellant hit him with a gun during a bank robbery, the trial court properly denied appellant’s motion to strike an abduction for pecuniary benefit charge. Overview A jury convicted appellant ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

The court will grant the prosecution’s motion in limine to exclude opinion testimony from defendant’s expert because it is speculative and therefore is inadmissible. Overview “[T]he alleged facts include [defendant] Shaw having cleaned the body with bleach, cleaned the decedent’s ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

It is not in petitioner’s best interest to approve the sale of her structured settlement payments, which have a present value of $140,738, for $10,000. “The Court cannot determine that Petitioner’s best interests are served by her relinquishing to a ...

Tagged with: Civil Practice Judge Mary Jane Hall Virginia Circuit Courts

A protective order may be extended under Code § 19.2-152.10(B) without the petitioner presenting new or additional evidence. Background In January 2020, petitioner obtained a protective order against respondent. Before the order expired, petitioner sought to extend the order. She ...

Tagged with: Civil Practice Judge K. Mike Fleenor Jr. Virginia Circuit Courts

Where a West Virginia business closed two of its art studio locations because of the governor’s Covid-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Barbara Milano Keenan

Where a majority of the judges voted against rehearing en banc a case involving whether to grant Chevron deference to the Board of Immigration’s recent interpretation of § 1101(a)(43)(S), the motion for rehearing en banc was denied. Background A requested ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration

Where the attorney general has discretion to waive removal for an alien who is the son of a U.S. citizen, the board erred by concluding that a deceased parent is not a qualifying relative for waiver eligibility. Nothing in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Toby Heytens

Where a church was aware of zoning restrictions when it purchased property, it could not have had a reasonable expectation of religious land use, dooming its claim under the Religious Land Use and Institutionalized Persons Act, or RLUIPA. Because the ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Stephanie Dawn Thacker

Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment claim. Schools cannot silence such student speech simply because it ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Diana Gribbon Motz

Where a former medical assistant for the University of Virginia Medical Center alleged her termination was the result of race discrimination, at the motion to dismiss stage UVA could not rely on her termination document to argue that she was ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District