Where an anti-mask advocate moved to enjoin a Centers for Disease Control and Prevention, or CDC, order requiring airline passengers to wear masks, but the mandate had already been enjoined by another court and he had been granted waivers from ...

Tagged with: Civil Practice Judge David J. Novak U.S. District Court - Eastern District

Where the plaintiff moved to enjoin a possible criminal prosecution by the Augusta County Commonwealth Attorney for violating Virginia Code § 18.2-186.4, which makes it unlawful to publish a person’s name, photograph or home address when the publisher acted “with ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the mother of two students alleged they were denied rights provided by the Individuals with Disabilities Education Act, or IDEA, but she failed to administratively exhaust certain claims, another was not cognizable, a third failed to plead error and ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Where a newspaper publisher petitioned the Virginia Supreme Court to vacate its order that sealed the record of a judge’s petition for reinstatement and request for a writ of mandamus, most of the materials will be unsealed, but attachments that ...

Tagged with: Civil Practice Supreme Court of Virginia

The General Assembly’s 2019 expansion of summary judgment procedures to allow certain business litigants to use affidavits and depositions to support summary judgment motions does not require opposing parties to file responsive affidavits or contrary deposition testimony to support a ...

Tagged with: Civil Practice Judge David A. Oblon Virginia Circuit Courts

It is not in petitioner’s best interest to approve the sale of her structured settlement payments, which have a present value of $140,738, for $10,000. “The Court cannot determine that Petitioner’s best interests are served by her relinquishing to a ...

Tagged with: Civil Practice Judge Mary Jane Hall Virginia Circuit Courts

A protective order may be extended under Code § 19.2-152.10(B) without the petitioner presenting new or additional evidence. Background In January 2020, petitioner obtained a protective order against respondent. Before the order expired, petitioner sought to extend the order. She ...

Tagged with: Civil Practice Judge K. Mike Fleenor Jr. Virginia Circuit Courts

On remand from the Virginia Supreme Court, the demurrer and special pleas of defendant churches are overruled. Plaintiff’s claims for negligent hiring or retention, vicarious liability and negligent infliction of emotional distress can go forward. Motions from one of the ...

Tagged with: Civil Practice Judge Paul A. Dryer Virginia Circuit Courts

Where a class member objects to a proposed settlement, it must first state its objection with specificity. Then the settling parties must demonstrate that the proposed settlement satisfies the requirements of Fed. R. Civ. P. 23(a). The district court must ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Diana Gribbon Motz

Where a party consents to the jurisdiction of a magistrate judge, but then seeks to withdraw it before any other party consents, it need not show good cause to withdraw its consent. Background A district court may refer a case ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge A. Marvin Quattlebaum Jr.