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Virginia Tech student got due process in hearing
The 4th U.S. Circuit Court of Appeals upheld the dismissal of a suit against Virginia Tech and university officials filed by a student who received a “long suspension” from the university following a Title IX investigation.
Student got due process during disciplinary procedure
Where a Virginia Tech student alleged that the university’s Title IX investigation, hearing and appeal process denied him due process of law, his complaint was dismissed. Even assuming he had a cognizable liberty or property interest in his continuing education, he hadn’t alleged facts plausibly suggesting that he was deprived of it without sufficient process. […]
Parent waited too long before suing ex-official
Where a parent alleged that the former Virginia Secretary of Education restricted her participation in public discussions of the admissions policies at Thomas Jefferson High School for Science and Technology, or TJ, in violation of the First and Fourteenth Amendments, but she filed her suit more than two years after she was allegedly injured, the […]
Court can review habeas petition about alleged illegal detention
Where a petitioner sought a writ of habeas corpus over his alleged illegal detention by Immigration and Customs Enforcement, and the government argued the court lacked jurisdiction to review that claim, its argument was denied. There was no statutory prohibition against the court reviewing that claim, and divesting the court of jurisdiction would violate the […]
Professor can’t show he was punished for speech
Where a college professor alleged that he was subjected to adverse employment actions in retaliation for protected speech, but two of the communications weren’t protected, and there was no causal connection between the third communication and the alleged retaliation, his suit was dismissed. Background Stephen Porter has been a tenured professor at North Carolina State […]
Professor disciplined for making sexual comments
Where a university professor was disciplined after students complained about his making comments about his personal sex life and the sex lives of his students, he failed to state a claim against the university under Title IX, for procedural due process and for First Amendment retaliation. Background Todd Kashdan, a tenured psychology professor at George […]
Attempt to enjoin firearm regulation fails
Where a man sought a nationwide injunction against a final rule promulgated by the ATF regarding the definition of “rifle,” but he failed to show a likelihood of success on the merits of his constitutional and administrative claims, his motion was denied. Background Congress enacted the National Firearms Act of 1934, or NFA, in an […]
Virginia Tech defeats attempt to enjoin university’s policies
Where an organization alleged that two Virginia Tech policies violate the First Amendment rights of its students, but the organization lacked standing to challenge one policy, and failed to show the second policy violated the First Amendment, its motion for injunctive relief was denied. Background Speech First Inc. asserts that two Virginia Tech policies — […]
Admissions policy withstands constitutional attack
Where a new admissions policy at Thomas Jefferson High School for Science & Technology visits no racially disparate impact on Asian American students, the district court erred when it concluded the policy violates the Fourteenth Amendment’s guarantee of equal protection. Background The question is whether the admissions policy adopted by Virginia’s Fairfax County School Board […]
Ban on under-21 firearms purchases unconstitutional
Where plaintiffs challenged federal laws prohibiting them from purchasing handguns from federal firearm licensed dealers, or FFL, because they are over 18 but less than 21 years old, the laws were unconstitutional. Prohibitions on the rights of 18-to-20-year-olds to purchase handguns are not supported by our nation’s history and tradition. Background Plaintiffs, who are over […]
Strict scrutiny for statutory residency requirement
Where appellant challenged the constitutionality of a statute that requires petition circulators to be qualified to vote in the referendum for which they are circulating petitions, the circuit court erred by applying a rational basis analysis and ruling that the statute was constitutional. The circuit court should have applied a strict scrutiny analysis. The “enforcement […]
Parents allege anti-bias program chills speech
Where parents alleged their minor children were afraid to speak about political or social issues because they were afraid that fellow students would accuse them of bias through a Loudoun County school board program intended to report bias in the schools, the parents had standing to challenge the program. Background The Loudoun County public schools, […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
