Virginia Lawyers Weekly VA Lawyers Weekly

The trial court was not required to “equalize” the distribution of the assets or division of debts between the parties. Background Husband and wife were married on May 29, 1993, and separated on Sept. 1, 2014. On June 8, 2016, ...

Tagged with: Domestic Relations Judge Randolph A. Beales Virginia Court of Appeals

Where a private prison investigator failed to give Miranda warnings to a prisoner before questioning him about possession of contraband, and the trial judge granted a motion to suppress, that judgment is affirmed. Background Brandon Briggs was incarcerated at the ...

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

The plaintiff failed to allege facts from which it could be reasonably inferred that his arrest for driving while intoxicated was unsupported by probable cause, especially given that the preliminary breath test performed on the scene revealed a blood alcohol ...

Tagged with: Judge Glen E. Conrad Tort U.S. District Court - Western District

The court allowed an amicus brief from an attorney involved in “various anti-pipeline matters” and a Virginia Tech assistant professor in support of two unrepresented “tree sitters,” because the brief may provide the court with information and perspective in deciding ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

After the defendant’s motion for summary judgment was granted, the plaintiff was barred from substituting exhibits she erroneously submitted to the trial court. Substitution is permitted only if the error resulted in omission in the appellate record of material reviewed ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District

The court rejected the county board of supervisors’ reliance on the Virginia Freedom of Information Act to resist disclosure of closed-session discussions about the plaintiff’s termination, finding that federal law, not state law, governed. Addressing the board’s claims of attorney-client ...

Tagged with: Civil Practice Judge Joel Hoppe U.S. District Court - Western District

The defendant’s multiple claims attempting to upset his conspiracy and firearms conviction, including ineffective assistance of counsel and statutory arguments, were rejected as contrary to law. Background On May 8, 2017, a federal grand jury named petitioner Jerrod Pemberton and ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

The court rejected a defendant’s argument that his conviction for aiding and abetting attempted murder does not qualify as a “crime of violence” under the §924(c)(3)(A) “force clause,” finding that just because an aspect of his conviction was attempted murder ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

The owner of two high pressure natural gas pipelines was granted an injunction prohibiting construction of an asphalt roadway over the pipelines after establishing that without mitigation measures, the construction would cause harm to its right to safely maintain the ...

Tagged with: Commercial Judge Mark Davis U.S. District Court - Eastern District

The plaintiffs plausibly alleged the defendants’ enterprise fell within the scope of the Fair Labor Standards Act and that each of the plaintiffs had an employer-employee relationship with defendants. The court also held an FLSA retaliation claim was plausible, based ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District