Virginia Lawyers Weekly VA Lawyers Weekly

Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Robert B. King

Where the facts showed a defendant convicted of carjacking acted with intent to cause death or serious bodily harm, his attempts to upset his conviction by attacking the jury’s verdict and bringing Fourth and Sixth Amendment challenges failed. Background Following ...

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

Where the prison denied an inmate the ability to attend religious services or wear a beard of a certain length as a means of incentivizing him to improve his conduct, it may have violated his rights under the Religious Land ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Where a Maryland law requires newspapers and other media platforms to publish certain information about the political ads they carry and retain that information for inspection, the law violates the First Amendment under either strict or exacting scrutiny. Background A ...

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

Although the Virginia Department of Health argued a second failure-to-accommodate suit by an employee with cerebral palsy was barred by a prior release and settlement, or because the proposed accommodation was unreasonable, these arguments were rejected at the motion to ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where a defendant failed to respond to the breach of contract complaint, and the record showed the defendant had breached a contract, the plaintiff was awarded almost $950,000 in damages. Background On May 15, 2019, plaintiff filed this lawsuit alleging ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a driver was detained by an officer because the driver’s signature on the traffic summons did not match the signature on his license, the officer was entitled to immunity against the driver’s subsequent suit because the “arrest” was supported ...

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

Where an employee alleged her boss accessed her personal email, Google and Facebook accounts without authorization, the employer’s motion to dismiss claims brought under federal and state computer trespass statutes was denied by the court. Background Maureen Hains brings this ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Although a man injured in a barge accident could not assert a claim for unseaworthiness against the tug owner because only a seaman employed by a vessel can make such a claim, he can replead a claim for direct negligence. ...

Tagged with: Admiralty Judge Lawrence R. Leonard U.S. District Court - Eastern District

Although a Virginia State University student alleged his gender was the reason why he was disciplined, he was differently situated than the female students involved in the alleged misconduct and he failed to plead facts demonstrating a discriminatory animus or ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District