Judge Arenda L. Wright Allen

May 14, 2023

Defendant fails to dismiss felon-in-possession counts

Where a man charged with being a felon in possession of a firearm argued the counts should be dismissed because of the Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022), but this court, other courts in this district and courts across the country have […]

Nov 8, 2022

No duty to defend man sued for bar brawl

Where a homeowners policy required a man to give notice “as soon as is practical” after an “occurrence,” but he waited 238 days after he was involved in a bar fight to give notice to his carrier, and only gave notice after he was sued, the carrier had no duty to defend because the delay […]

Jan 10, 2022

Argument between customer, postal worker nets defense verdict

Type of action: Federal Tort Claims Act, personal injury Injuries alleged: Injury resulting in a permanent deformity of the pinky finger, disability Name of case: Blanco v. United States Court: U.S. District Court for the Eastern District of Virginia, Norfolk Division Case no.: 2:19cv137 Tried before: Judge Name of judge or mediator: Judge Arenda L. […]

Mar 1, 2021

Church’s suit challenging COVID-19 orders is dismissed

Where executive orders issued to combat the spread of  COVID-19 were no longer in effect, the Virginia governor did not enforce the orders and the commonwealth had not consented to suit in federal court, a church’s challenge to the orders was dismissed. Background Plaintiff’s lawsuit challenges a series of executive orders issued by Gov. Ralph […]

Jun 25, 2020

Church denied injunction pending appeal of COVID-19 restrictions

A church claiming the Virginia governor’s COVID-19 restrictions violate its freedom of religion was denied an injunction pending appeal because it failed to show it was likely to prevail on the merits. And as there is a related judicial proceeding pending in state court, abstention was warranted. Background On May 5, 2020, the court denied […]

May 28, 2019

Counselor’s termination after abuse was constitutional

The termination of a child counselor at a city-run juvenile detention center following a physical abuse incident did not violate the counselor’s due process rights because the counselor was given the opportunity to address the allegations against him in a pre-termination disciplinary conference and a post-termination grievance panel. Background Beginning in December 2003, Randy L. […]

Oct 28, 2018

“Sophisticated purchaser” defense fails

Defendant cannot assert that its products were not dangerous and at the same time claim it relied on the Navy to warn end users of its dangerous products. Background On Jan. 12, 2018, plaintiffs filed a motion in limine to exclude evidence and testimony regarding the alleged knowledge or negligence of the Navy. The motion […]

Jun 26, 2018

018-3-262 – Bethune-Hill v. Va. St. Bd. of Elections

Bethune-Hill v. Va. St. Bd. of Elections, Case No. 3:14cv852, June 26, 2018. EDVA at Richmond (panel). VLW No. 018-3-262, 188 pp. Download Full-Text Opinion

Jun 8, 2018

Bon Mots: May 2018 Edition

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take an opportunity to remind us of the law’s great written tradition, whether by powerful rhetoric[...]

May 29, 2018

EDVA: Title IX prohibits transgender discrimination

Gavin Grimm, who attended a Virginia public high school and was prohibited from using the boys’ bathroom because he was identified as female at birth, sufficiently alleged discrimination claims against the school under both Title IX and the Equal Protection Clause. Background Plaintiff Gavin Grimm attended Gloucester High School from 2013 through 2017. Although hospital […]

Sep 15, 2017

Foreclosure Notice Was in Compliance

Plaintiffs seek to rescind the 2013 foreclosure sale of their home based on lender’s alleged breaches of its obligations to provide notice before foreclosing on the property and to comply with applicable law throughout the foreclosure process. Defendants have moved to dismiss the amended complaint.  Because the plaintiffs have failed to allege facts establishing that […]

Aug 14, 2017

Pay Disparity Expert Excluded in Shipyard Case

In this suit by 37 black shipyard workers who allege they are not as well paid as white workers, a Newport News U.S. District Court excludes reports with regression analyses performed by a labor economist working for each side; the analysis of plaintiff’s expert failed to control for plaintiffs’ varying job classifications, data that defendant […]

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