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Police acted reasonably in entering man’s house
Where two police deputies entered a man’s house after receiving permission from a woman that they believed was the man’s wife, and there was some evidence corroborating her statements, they prevailed on the man’s federal and Virginia claims. Background Adam Armstrong alleges two sheriff deputies unlawfully entered his home. The deputies claim Armstrong’s then-wife, Kristy […]
‘Too stringent’: Court tosses precedent, joins other circuits on attorneys’ fees for injunction wins
Joining every other circuit to decide the issue, a divided 4th U.S. Circuit Court of Appeals has overruled its precedent that preliminary injunctions can’t convey “prevailing party” status to a plaintiff, which precluded awards of attorney’s fees.
Precedent on attorneys’ fees for injunction wins overruled
The en banc court overruled its prior precedent and joined every other circuit to decide the issue in holding that when a preliminary injunction provides the plaintiff concrete, irreversible relief on the merits of her claim and becomes moot before final judgment because no further court-ordered assistance proves necessary, the subsequent mootness of the case […]
Infringer ordered to disgorge $43M in profits
Where the district court did not err in finding that a company infringed another company’s trademark and breached a prior settlement agreement, the infringing company was ordered to disgorge the $43 million of its profits that stemmed from its infringing activity. Background Dewberry Engineers owns federal trademark rights to the “Dewberry” mark and claims Dewberry […]
Provider did not err saying man could return to work
Where a man’s medical records showed he had a normal echocardiogram, had no heart symptoms, was walking three miles a day and had lost substantial weight, the long-term insurance provider did not err in concluding that he could return to his writer/editor position. Background Kevin Geiger sued Zurich American Life Insurance Company of New York, […]
Public safety concerns supported warrantless search
Where police searched a van that was parked outside a bank after they saw an AR-15 style rifle, a handgun case, ammunition and explosive material all in plain view, the warrantless search of the van was justified by public safety concerns. Background A grand jury indicted Alexander Hillel Treisman him for possession of child pornography […]
Firm’s claims for fees from former clients dismissed
Where a law firm sued its former clients to recover unpaid legal fees and expenses, but the North Carolina state bar had previously found the firm’s lead partner misled the clients into retaining the firm and engaged in other unethical conduct, the district court did not err dismissing the firm’s claims. Background Halscott Megaro PA […]
Striking of unvaccinated jurors didn’t violate Sixth Amendment
A federal district court didn’t violate the Sixth Amendment right of criminal defendants to a jury of their peers when it struck potential jurors who were unvaccinated against COVID, the 4th U.S. Circuit Court of Appeals has held. The defendants — unvaccinated due to sincerely held beliefs — objected that striking jurors based on vaccination […]
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, […]
Research assistant’s claims dismissed
Where a research assistant alleged that, after he complained about disparaging comments by his supervisor, the supervisor retaliated against him by giving him bad grades, which led to him losing his research assistant position, but there was insufficient evidence of any causal connection between the complaint and the bad grades, the retaliation claim was dismissed. […]
Deputy prevails in First Amendment retaliation suit
Where a woman sued a Spotsylvania County Deputy Sheriff after learning the deputy offered to buy lunch for another officer if he cited the woman for reckless driving, but there was no error in the jury instructions or evidentiary rulings, the verdict for the deputy was affirmed. Background Several years ago, Spotsylvania County Deputy Sheriff […]
SEC sues man for trading on insider information
Where the district court granted a man’s motion for judgment after concluding there was insufficient evidence that he received the insider information at the time he began trading in a company’s stock, it erred. Background The Securities and Exchange Commission sued Christopher Clark for trading Corporate Executive Board Inc., or CEB, stock using inside information. […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
