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Opinion Digests

CAV: Husband adequately alleged desertion (access required)

The circuit court erred in finding a husband’s divorce complaint insufficient based on the husband’s apparent acquiescence in the separation. To state a claim for desertion, only the deserting party’s intentions must be adequately pled. Background Husband and Wife were ...

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CAV: No “similar” offense needed for “sexually violent” label (access required)

Because the defendant had been required by the State of Idaho to register with the state’s sex-offender and crimes-against-minors registry, Virginia law classifies him as a sexually violent offender who must re-register every 90 days. Background In 2004, Appellant Thomas ...

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CAV: Probation could be delayed pending unrelated jail time (access required)

The trial court did not err in abating the defendant’s probation term during her active incarceration for an unrelated crime, without following the notice and hearing requirements of Code § 19.2-304. Background On May 31, 2013, Appellant Lanikki Edwards entered ...

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EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

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EDVA: Officers personally liable for $1.2M in business loans (access required)

Notwithstanding his claims that bank representatives misled him, the president of a Richmond-based energy company signed loan agreements and guarantees that clearly stated his personal liability for his company’s obligations. Background In 2009, Defendants Dominion Energy Management Inc. and its ...

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EDVA: Immunity protects neither city nor police officer (access required)

Private boat maintenance workers, who were injured while aboard a Norfolk vessel when an allegedly incompetent Norfolk police officer caused it to capsize during a sea trial, sufficiently stated maritime tort and negligence claims against the City and the officer ...

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4th Cir.: UIM policy didn’t apply to rental truck incident (access required)

After an underinsured motorist caused death and injury to two of the insured’s contractors, limitations in the UIM policy’s declarations page were dispositive in determining whether the contractors’ vehicle was covered. Background Carlos Castillo and Marco Gabarette were independent contractors ...

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4th Cir.: Pleading standard clarified for CWA discharge claims (access required)

On an issue of first impression in this circuit, plaintiffs in citizen suits under the Clean Water Act must allege a “direct hydrological connection” between ground water and navigable waters in order to state a claim for a discharge of ...

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4th Cir.: State law targeting drug prices struck down (access required)

By effectively controlling drug prices charged in other states, Maryland’s newly-enacted law targeting pharmaceutical price-gouging violates the dormant Commerce Clause. Background In response to reports that pharmaceutical manufacturers were price-gouging for certain medications, Maryland’s legislature passed HB 631 during the ...

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