A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

Tagged with: Civil Practice Copyright Elections Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Two publications purporting to reveal widespread voter fraud have given rise to a viable lawsuit. The published materials (called Alien Invasion I and II) allegedly reported falsely that specific individuals, identified by name and other personal information, had registered and/or voted illegally in ...

Tagged with: Civil Rights Constitutional Defamation Elections Judge Liam O'Grady Personal Injury Tort U.S. District Court - Eastern District

An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background ...

Tagged with: Civil Rights Elections Judge John A. Gibney Jr. Municipal Search & Seizure Tort U.S. District Court - Eastern District

Race predominated over traditional districting factors in construction of 11 challenged Virginia House of Delegates districts. This use of race was not narrowly tailored to achieve the interest of complying with the Voting Rights Act. Thus, the district divisions are ...

Tagged with: Civil Rights Constitutional Elections Equal Protection Judge Barbara Milano Keenan Judge Panel U.S. District Court - Eastern District

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 ...

Tagged with: Constitutional Elections Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia

The statutory process for removing elected office-holders requires signatures under penalty of perjury from registered voters numbering at least 10 percent of the number voting in the previous election. Background On May 6, 2016, voters of Montgomery County filed a ...

Tagged with: Elections Justice S. Bernard Goodwyn Supreme Court of Virginia

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Civil Practice Civil Rights Constitutional Elections Equal Protection Judge Paul V. Niemeyer

A legal aid attorney is now in line to lead the Virginia State Bar beginning in 2017. Doris H. Causey of Richmond became the sole candidate for VSB 2016 president-elect when no other candidate submitted an application by the Oct. ...

Tagged with: Elections Virginia State Bar

VIRGINIA BEACH — The proponent of a plan to go back to paper ballots for Virginia State Bar presidential elections found himself swimming against a tsunami at a VSB Council meeting June 18. Despite more than an hour of debate ...

Tagged with: Elections Virginia State Bar

A suspended Virginia lawyer launched an election campaign for circuit court clerk despite pending state bar charges that he improperly used trust money for personal purposes. Kevin L. Cash is scheduled to face the Virginia State Bar Disciplinary Board on ...

Tagged with: Elections Lawyer Discipline Virginia State Bar