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‘Too stringent’: Court tosses precedent, joins other circuits on attorneys’ fees for injunction wins
Joining every other circuit to decide the issue, a divided 4th U.S. Circuit Court of Appeals has overruled its precedent that preliminary injunctions can’t convey “prevailing party” status to a plaintiff, which precluded awards of attorney’s fees.
Precedent on attorneys’ fees for injunction wins overruled
The en banc court overruled its prior precedent and joined every other circuit to decide the issue in holding that when a preliminary injunction provides the plaintiff concrete, irreversible relief on the merits of her claim and becomes moot before final judgment because no further court-ordered assistance proves necessary, the subsequent mootness of the case […]
University fails to stay suit over retirement benefits
Where Jerry L. Falwell Jr. filed an action over payment of his retirement benefits, and Liberty University moved to stay the federal suit until a pending circuit court action between the parties was resolved, the stay motion was denied. Background Liberty University Inc. asks the court to apply the Colorado River abstention doctrine and dismiss […]
State court had ‘potential jurisdiction’ to validly nonsuit man’s federal claim
Finding that a Virginia state court had “potential jurisdiction” to validly nonsuit a plaintiff’s employment-related federal claim and toll the statute of limitations pursuant to Code 8.01-229(E)(3), the 4th U.S. Circuit Court of Appeals revived a dismissed case.
Attorney subpoenaed client’s former counsel, gets sanctions
A circuit court properly sanctioned a family law attorney who issued a witness subpoena to his client’s former counsel who couldn’t testify without violating the attorney-client privilege, a panel of the Court of Appeals of Virginia has held.
Real estate development’s incorporation was ‘ultra vires’
A real estate development was enjoined from enforcing restrictive covenants after a Virginia circuit court declared that its incorporation without unanimous consent of its members was an ultra vires act, thus invalidating its subsequent actions as a corporation.
Time-barred suit saved by Virginia nonsuit statute
Where the federal court borrows a state limitations period, all relevant state rules governing the tolling of the limitations period come along with it. As such, where a former employee timely filed suit under the Rehabilitation Act in circuit court, then filed a motion for voluntary nonsuit and then refiled suit in federal court, he […]
Defendants must defend sealing request
Where the plaintiff filed certain documents under seal because the defendants marked them as confidential, the defendants were offered an opportunity to explain whether — and, if so, why — these documents should remain sealed. Background This matter is before the court on non-party David B. Briggman’s motion for limited purpose intervention to unseal portions […]
Court lacks authority to seal name change record
Where this court entered an order 10 months ago allowing the movant to change her name, the court lacks authority to seal the name change order. Overview “Over ten months after the Court entered the name change order, on July 12, 2023, E.B.M. filed the present motion, citing no legal authority for the Court to […]
Sovereign immunity ruling reaffirmed
Where the court has previously ruled that the Virginia Human Rights Act does not provide “an explicit legislative waiver of sovereign immunity[,]” the court reaches the same conclusion on plaintiff’s motion for reconsideration. Reconsideration This case concerns the Norfolk school board’s alleged violations of the VHRA. At a hearing on plaintiff’s motion to reconsider, “[p]laintiff [&h[...]
Lawsuit against broker barred by res judicata
Where parties previously litigated issues arising out of the sale of an investment and securities brokerage in a FINRA arbitration, res judicata barred claims against the seller for alleged breach of restrictive covenants. Background Plaintiff Colonial River is a Virginia company providing investment advice and other financial services. Its sole member is Devin Garofalo. Defendant […]
Plaintiffs lack standing in suit attacking IEP process
Where two Fairfax County students with disabilities, their parents and a disability advocacy organization asked the court to declare that Virginia’s Individualized Education Program review process violated the Individuals with Disabilities Education Act, or IDEA, but each of the plaintiffs lacked standing, the suit was dismissed. Background Congress enacted the IDEA to guarantee children with [&[...]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
