Although a doctor has third-party standing to bring an informed consent claim on behalf of his patients, he lacks standing to bring a claim under the Virginia Health Care Decisions Act. He is not entitled to a temporary injunction because ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where media entities sought to unseal existing district court docket and filings as well as any future proceedings, and to vacate a nondisclosure order blocking their state public records requests, the appeal was dismissed because the district court effectively granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge G. Steven Agee

Where the district court dismissed claims against only one of several defendants, an appeal from that decision was dismissed because the order being appealed was neither final nor an appealable interlocutory or collateral order. Background Michael Green seeks to appeal ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice

Where the appellant filed his notice of appeal more than 30 days after entry of the district court’s order denying relief, and he failed to obtain an extension or reopening of the appeal period, the appeal was dismissed. Background Charles ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice

Where a litigant appealed the district court’s dismissal of his case for failure to inform that court of his address of record, and the district court then indicated its inclination to reconsider, the appeal was remanded to allow the lower ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice

Where plaintiffs allege, among other things, that every time they go into their backyard after dark, defendant turns on his floodlights, and makes “loud and obnoxious noises” while they are in their back yard, defendant’s demurrer to plaintiffs’ private nuisance ...

Tagged with: Civil Practice Judge James P. Fisher Loudoun County Circuit Court Virginia Court Courts

Where the defendants’ spoliation motion was denied by the district court, the denial should have part of the direct appeal and did not present a valid ground for vacating the judgment under Fed. R. Civ. P. 60(b)(3). Background Defendants appeal ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice

Where the Virginia eluding statute’s mens rea required at least recklessness, and vehicular flight from law enforcement has been consistently found to involve sufficient risk and danger to be morally reprehensible, the statute qualified as a crime of moral turpitude. ...

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

Where the court sustained defendants’ demurrer to plaintiffs’ complaint, which alleged that portions of COVID-related executive orders are unconstitutional, plaintiffs’ proposed statement of facts submitted after their notice of appeal is defective and cannot be certified. The court issues a ...

Tagged with: Civil Practice Judge David W. Lannetti Virginia Beach Circuit Court Virginia Circuit Courts

Where a patent dispute lacked any significant connection to Virginia, and a lawsuit between the same parties over the same patents was already pending in Illinois, the suit is transferred to the Northern District of Illinois. Background On April 27, ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District