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Wilkinson receives 2026 Outstanding Virginian Award
Judge J. Harvie Wilkinson III received the 2026 Outstanding Virginian Award for his distinguished legal career and public service in Virginia.
Contract: Plan administrator’s interpretation of a QDRO is reviewed de novo
In an issue of first impression in this circuit, the court held a plan administrator’s interpretation of a qualified domestic relations order, adopting the terms of a domestic relations order entered by a state court, is reviewed de novo.
Firearms instructor unlawfully fired after safety complaints
The 4th Circuit upheld an NLRB ruling that a firearms instructor was not a managerial employee and was unlawfully fired for safety complaints.
Commercial: Res judicata and collateral estoppel bars attempted relitigation of claims
Where a cabinet maker sued multiple parties, but most of its claims were barred by res judicata or collateral estoppel from a prior arbitration, and the remaining claims were barred by the statute of limitations or laches, the suit was dismissed.
Criminal: Explosive support statute is not facially unconstitutional
Where a man convicted of violating 18 U.S.C. § 842(p)(2)(B), which prohibits individuals from teaching or otherwise disseminating information relating to making and using explosives, destructive devices and weapons of mass destruction, argued the statute was facially unconstitutional, this argument failed.
Employment: Coal miner’s wife is awarded Black Lung Benefits
Where a doctor reached his diagnosis of pneumoconiosis based, in part, on terminal arterial blood gas studies, the administrative law judge did not err in finding the report sufficiently “linked” the studies results to the decedent’s pneumoconiosis.
Employment: In issue of first impression, court construes NLRA manager exception
Where a company argued an instructor was a managerial employee, and thereby excluded from the National Labor Relations Act’s protection against retaliation, this argument failed. The employee was not permitted to formulate or effectuate management policies; had no ability to alter the curriculum he taught; played no role in selecting students for training; was not allowed to independently discip[...]
Employment: Professor’s complaint dismissed as implausible
Where a college professor failed to plead facts making its plausible that his non-selection for tenure was for discriminatory or retaliatory reasons, his suit was dismissed.
Prisons: Former inmate’s suit over blood clotting medication is reinstated
Where a reasonable juror could find that defendants were deliberately indifferent when they failed to provide blood clotting medication to an inmate, the district court erred when it granted their motions for summary judgment.
Search and Seizure: Search of devices containing child sexual abuse material upheld
Where a man indicted on multiple child pornography-related counts argued the search warrant affidavits omitted critical information that would have cast doubts on his estranged wife’s veracity, this argument failed.
Tort: Probable cause dooms malicious prosecution claim
Where probable cause supported a man’s arrest, that doomed his subsequent malicious prosecution claim.
Arbitration: FCRA claim headed to arbitration
Where a website’s enrollment page would have placed a consumer on reasonable notice of an offer to enter a contract, including the arbitration provision, the district court erred when it denied the motion to compel arbitration.
Verdicts & Settlements
- Fraud – Jury sides with couple in home construction case
- Motor Vehicle Negligence – Triathlete suffered fractures after being struck by pickup truck
- Medical Malpractice- Nursing facility patient died after falling, suffering head injury
- Motor Vehicle Negligence – Sales manager sustained multiple injuires in Virginia Beach collision
- Products Liability – Workplace accident results in amputation at the wrist
- Motor Vehicle Negligence – Railroad worker injured in collision with tractor-trailer
- Workers’ Compensation – Worker sustains back injuries following fall, seeks PTD
- Motor Vehicle Negligence – Intersection accident results in bodily injury, stroke
- Workers’ Compensation – Coal miner reaches deal for black lung disease disability
- Motor Vehicle Negligence – Driver dies after intersection accident with another vehicle
- Medical Malpractice – Jury sides with doctor on med/mal allegations
Opinion Digests
- Employment – City of Virginia Beach must pay fees and costs to prevailing Title VII plaintiff
- Contract – Lack of mutual assent dooms motion to enforce agreement
- Tort – Court refuses to reverse defamation verdict
- Criminal – Second motion for sentence reduction is denied
- Real Property – Commercial use of property violated Declaration of Covenants
- Employment – Professor’s race discrimination and work environment claims are dismissed
- Constitutional – Search of probationer’s house was unlawful
- Retirement – Class was wrongly certified in breach of fiduciary duty ERISA suit
- Negligence – Coach defeats student’s claim of gross negligence
- Criminal – Defendant convicted for knowingly submitting false immigration documents
- Prisons – District court did not err when it construed inmate’s pro se complaint
- Fraud – Defendants prevail on qui tam suit
