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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Roger L. Gregory

Although the Fairfax County School Board urged the entire Fourth Circuit to rehear an appeal involving its liability for student sexual misconduct, it failed to garner a majority of the judges in regular active service and not disqualified. Background A ...

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

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: Civil Practice Judge Timothy K. Sanner Virginia Circuit Courts

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. ...

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

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

A British defamation case, in which the court concluded that a newspaper’s characterization of plaintiff as a “wife beater” was “substantially true,” cannot be given preclusive effect in plaintiff’s defamation case in this court against defendant. Defendant’s plea in bar, ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Penney S. Azcarate Virginia Circuit Courts

Where a teacher alleged his free speech and free exercise rights under the Virginia Constitution were violated when he was terminated for refusing to adhere to the school district’s policy on use of gender pronouns for transgender students, the case ...

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