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Tag Archives: Civil Practice

State secrets privilege bars suit over NSA surveillance (access required)

Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...

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No sovereign immunity in transgender bias suit (access required)

Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged the plan violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP, which accepts federal funds, is not entitled ...

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Taxpayers have standing to contest upgrade (access required)

Plaintiff taxpayers have standing to challenge a decision by the Fairfax County Board of Supervisors to expend funds to update and modernize the county’s zoning ordinances. Plaintiffs have alleged that the expenditures were made without proper notice, an in-person quorum ...

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School board suit transferred to Norfolk division (access required)

Where a mother alleged the school board violated her minor son’s Fourth, Fifth and Sixth Amendment rights, but the underlying events involving alleged possession and distribution of pornographic images of another minor took place in Virginia Beach where the parties ...

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Statute of limitations does not bar plaintiff’s claims (access required)

Where plaintiff has sued for declaratory and injunctive relief regarding restrictive covenants and  declarations made by the governance of defendant subdivision, the statute of limitations does not bar consideration of plaintiff’s claims. Overview Defendant filed a plea in bar and ...

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Executive Order survives constitutional challenge (access required)

Where a restaurant and its corporate officer have challenged Executive Order 72, which placed COVID-19-related limitations on alcohol sales and patron capacity at food and beverage establishments, the portions  of Virginia law under which the order was issued are constitutional. ...

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No oyer because documents do not address relevant issue (access required)

Where defendants have filed a motion craving oyer for documents used to transmit two insurance policies and endorsements, the motion is appropriate but it is denied because the documents will not help the court decide a choice of law issue ...

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Statute bars punitive damages in power of attorney case (access required)

Where the court found that defendant breached fiduciary duties by violating the Uniform Power of Attorney Act, plaintiff’s damages are limited to recovery of the lost funds and reimbursement for attorney’s fees and costs. The act does not authorize an ...

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