A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

Tagged with: Business Law Civil Procedure Constitutional Due Process Fifth Amendment Judge Liam O'Grady U.S. District Court - Eastern District

After U.S. Supreme Court precedent invalidated one of the defendant’s three predicate convictions mandating a sentence enhancement under the Armed Career Criminal Act, his sentence could not be sustained by a “substitute” conviction that appeared on his pre-sentence report but ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Criminal Due Process Judge Roger L. Gregory Sentencing

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Due Process Eighth Amendment Equal Protection Fourteenth Amendment Judge J. Harvie Wilkinson III

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

Tagged with: Constitutional Due Process Equal Protection Fairfax County Circuit Court Judge Randy I. Bellows Municipal Traffic Virginia Circuit Courts

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

Tagged with: Administrative Constitutional Criminal Due Process Immigration Judge Leonie Brinkema U.S. District Court - Eastern District

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

Tagged with: Constitutional Due Process Employment Employment Discrimination First Amendment Judge Norman K. Moon Municipal U.S. District Court - Western District

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 ...

Tagged with: Civil Rights Constitutional Due Process Judge Jackson L. Kiser Personal Injury Search & Seizure Tort U.S. District Court - Western District

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 ...

Tagged with: Administrative Constitutional Due Process Judge Mary Grace O'Brien Municipal Real Estate Real Property Virginia Court of Appeals Zoning

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Defamation Due Process First Amendment Fourteenth Amendment Judge James A. Wynn Jr. Tort

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Constitutional Due Process Judge Glen E. Conrad Municipal Real Estate