A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background ...

Tagged with: Civil Rights First Amendment Judge Jackson L. Kiser Search & Seizure U.S. District Court - Western District

A university did not restrict or chill students’ speech by seeking their response to complaints that they had harassed others. The students, who’d sought and obtained university approval for a campus “Free Speech Event,” met with an official to discuss ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional First Amendment Judge Pamela A. Harris

A circuit court had jurisdiction to decide a merger dispute between two churches. Resolution centered on the parties’ merger agreement, not their religious doctrines or other ecclesiastical questions. Background After falling behind on its mortgage payments, Pure Presbyterian Church of ...

Tagged with: Constitutional Contract Declaratory Judgment First Amendment Justice Stephen R. McCullough Real Property Supreme Court of Virginia

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

A regional jail authority is preliminarily enjoined from confiscating publications mailed to inmates by the Human Rights Defense Center. The policy banning delivery of such publications is not rationally related to any legitimate purpose identified by the defendants. Background Plaintiff ...

Tagged with: Civil Rights Constitutional First Amendment Judge James P. Jones Prisons & Jails U.S. District Court - Western District

In 1871, Congress passed a law “directed at the organized terrorism in the Reconstruction South,” now codified at 42 U.S.C. § 1985. Over 140 years later, the Ku Klux Klan, various neo-Nazi organizations, and associated white supremacists rallied in Charlottesville. ...

Tagged with: Civil Rights Constitutional Federal Jurisdiction First Amendment Judge Norman K. Moon Second Amendment Tort U.S. District Court - Western 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

Based on her responsibilities as set forth in the Virginia Code, a school board’s Director of Budget & Finance was a “public official” who had to show actual malice to prove that a TV news station defamed her. She failed ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Defamation Employment First Amendment Judge Henry F. Floyd Personal Injury Tort

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

Tagged with: Business Law Civil Procedure Constitutional First Amendment Judge Robert E. Payne Public Records U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional First Amendment Fourteenth Amendment Per Curiam Opinion Standing