Virginia Lawyers Weekly VA Lawyers Weekly

An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

Tagged with: Employment Judge Theresa C. Buchanan U.S. District Court - Eastern District

Objections to a proposed class action settlement arising out of an alleged failure to disclose material information about long-term care insurance, including that the notice was inadequate, the settlement did not offer concrete benefits and rates might increase, were rejected. ...

Tagged with: Consumer Protection Judge Robert E. Payne U.S. District Court - Eastern District

Where a man swore in his May 2019 EEOC charge of discrimination that he learned of his discharge in June 2018, his contrary allegation in a later complaint that he was terminated in May 2019, was ignored. Jurisdiction was lacking ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where the police went to the private home of the defendant’s girlfriend believing he might be there, but lacked probable cause to conclude that he lived there, their entry without a warrant required suppression of the evidence and his convictions ...

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

The district court erred by relying on federal law to find the plaintiffs had a cognizable interest in their recently sold home. Under Virginia law, their property rights were extinguished once their home was sold at a foreclosure auction, therefore, ...

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

Where Baltimore’s short-term aerial surveillance program does not target particular individuals or violate a reasonable expectation of privacy, and seeks to meet a serious law enforcement need without burdening constitutional rights, the denial of community activists’ request for a preliminary ...

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

A prenuptial agreement in which the parties waived any claims to each other’s estate prevents wife from seeking an elective share in her deceased husband’s estate. Wife’s motion to extend the time in which to file for an elective share ...

Tagged with: Judge Jeanette A. Irby Loudon County Circuit Court Virginia Circuit Courts Wills & Trusts

Where plaintiffs seek to permanently enjoin the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, the temporary injunction blocking the removal is dissolved but the court will stay the order ...

Tagged with: Judge W. Reilly Marchant Real Estate Richmond City Circuit Court Virginia Circuit Courts

The court lacks subject matter jurisdiction to grant either party a divorce because both held a G-4 nonimmigrant visa, which does not indicate “an intent to indefinitely be a resident and domiciliary of Virginia subject to divorce jurisdiction. Competing complaints ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where the issue of attorney’s fees related to custody, visitation and child support were bifurcated from the underlying divorce matter, the court concludes that wife is entitled to an attorney’s fee. However, the court will apply a 30 percent reduction ...

Tagged with: 24th Circuit Court Domestic Relations Judge Jeanette A. Irby Virginia Circuit Courts