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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 […]
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 […]
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. […]
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Where executive orders issued to combat the spread of COVID-19 were no longer in effect, the Virginia governor did not enforce the orders and the commonwealth had not consented to suit in federal court, a church’s challenge to the orders was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 […]
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 […]
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. […]
“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 […]
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
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[...]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Are you or your law firm cutting back on holiday gifts to clients, colleagues or associates?
- Yes, times are tough (78%, 29 Votes)
- No, it's business as usual (22%, 8 Votes)
Total Voters: 37
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