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EDVA: Officers face trial over eviction confusion
After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and Tamara Epperson and their children resided at their home in Patrick County, Virginia for over […]
CAV: Terry stop resistance supported probable cause
The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he was carrying. Background In June 2017, Richmond Police Officer Kelly was dispatched in response to […]
CAV: Exigent circumstances justified gun seizure
Even though the defendant had fled the scene of his car crash, a gathering crowd around the vehicle – with its driver’s door open to reveal a firearm in plain view – presented exigent circumstances for the lone officer at the scene to seize the firearm and secure it. Background In November 2014, Officers Smith […]
SCV: No error in rejected district “compactness” analysis
The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State House of Delegates and Senate districting plans, and specifically House of Delegates districts [...]
EDVA: Medical personnel face trial for inmate death
A man who was pronounced dead after a seizure he suffered while awaiting trial at the Richmond City Justice Center has, through his estate, presented sufficient evidence of medical staff’s deliberate indifference to his serious medical needs, as well as negligent treatment. A paramedic thought staff acted suspiciously when EMS arrived, and she found four […]
4th Cir.: PETA can challenge N.C. employee access law
Animal rights groups sufficiently alleged an injury-in-fact to support their standing to challenge a recent North Carolina statute allowing employers to hold their employees civilly liable for damage caused by unauthorized access to nonpublic areas. Background The North Carolina Property Protection Act provides a private right of action against any person who “exceed[s] the scope […]
CAV: Contempt upheld for “junk” storage in backyard
A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico County received a complaint that Appellant Alan Weber was storing junk and had an overweight […]
4th Cir.: Fired officers’ due process claims can proceed
Under clearly established law, publication of public safety officers’ allegedly defamatory termination letters to the media before holding a name-clearing hearing supported the officers’ claims of due process violations. Background During the summer of 2014, Officers with the Bald Head Department of Public Safety engaged in a group text-message chain discussing topics including the Dep[...]
WDVA: No sovereign immunity in tax-lien discharge suit
A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, executed a credit line deed of trust for the benefit of Plaintiff First Sentinel Bank, […]
WDVA: State defendants not liable for “Unite the Right” inaction
A Charlottesville counter-protester who claimed law enforcement stood by and watched white nationalist protesters assault him and others had no constitutional right to have officers intervene in the third-party misconduct. Background In response to Charlottesville’s renaming of Lee Park, Jason Kessler organized the “Unite the Right” rally. He was granted a permit for the rally, […]
4th Cir.: Faulty permit filings foreclosed property interest
When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could give rise to due process claims related to the resulting permit. Background Appellant Rockville Cars […]
SCOTUS: Warrantless vehicle searches limited within curtilage
The automobile exception to the Fourth Amendment does not permit a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein. Background Albemarle Police Officer McCall saw the driver of an orange and black motorcycle with an extended frame commit a traffic infraction. […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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