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First brief is filed in gay marriage appeal
(AP) A federal judge who struck down Virginia’s gay marriage ban usurped the state’s authority to decide whether same-sex unions should be allowed, a lawyer defending the ban said March 28. David B. Oakley, an attorney for court clerks in Norfolk and Prince William County, also said if the door is opened to same-sex marriage […]
Shop Owner Claims Police Harassment
The owner of shops that sell tobacco and related products may sue employees of the Newport News Sheriff’s Office on allegations that defendants harassed him repeatedly because they believed falsely that products sold by plaintiffs contained synthetic marijuana, which is prohibited by Va. Code § 18.2-248.1:1. The court dismisses counts II and IV, supervisory liability, […]
Court Strikes Ban on Same-Sex Marriage
The Norfolk U.S. District Court strikes Virginia’s constitutional and statutory bans on same-sex marriage. The laws at issue here, referred to as Virginia’s Marriage Laws, include two statutory prohibitions on same-sex unions, and an amendment to the Virginia Constitution. Specifically, plaintiffs seek relief from the imposition of Article I, § 15-A of the Virginia Constitution […]
What ‘Windsor’ means for Virginia’s same-sex couples
Same-sex couples want to be able to live wherever they choose and have their relationships recognized in the same manner as heterosexual couples. They and their supporters have carried this fight to statehouses and federal courts around the country. Currently there are approximately 40 cases pending in courts in the United States related to same-sex […]
Gay marriage fight moving to federal appeals courts
WASHINGTON (AP) The overturning of Virginia’s gay marriage ban places the legal fight over same-sex unions increasingly in the hands of federal appeals courts shaped by President Barack Obama’s two election victories. It’s no accident that Virginia has become a key testing ground for federal judges’ willingness to embrace same-sex marriage after last year’s strongly […]
Franchisee Gets Change of Venue
A tax franchisor suing a franchisee who resides in California for breach of the franchise agreement, breach of a promissory note, misappropriation of trade secrets, civil conspiracy and business conspiracy, may not sue in the Norfolk U.S. District Court and the case is transferred to a California federal court. Plaintiff franchisor argues that venue is […]
Company’s late disclosure prompted judge’s ire
Imagine that after five years of litigating a complicated patent case, you’re headed into a jury trial in federal court. Now imagine you represent the plaintiff and you call your first witness. The judge speaks: “Ladies and gentleman of the jury, the plaintiff in this case engaged in discovery abuses which hinder the ability of […]
‘Force Majeure’ May Apply to Penalties
In judicial review of a Consent Decree between plaintiff state and federal governments and defendant Hampton Roads Sanitation District covering sanitary sewer discharges that violated the Clean Water Act, the Norfolk U.S. District Court says HRSD may invoke the Consent Decree’s force majeure provision, but the provision does not bar liability for the 10 weather-related […]
Med Student Has ADA Claim
A medical student may sue defendant medical school on a claim that its failure to accommodate his ADHD and depression violated the Americans with Disabilities Act and the Rehabilitation Act, but he may not sue the school under the Family Educational Rights and Privacy Act for its alleged inappropriate disclosure of confidential student information about […]
Wright Allen goes on bench
Arenda L. Wright Allen took the oath of office as a U.S. District Judge for the Eastern District on Oct. 27. She becomes the first African-American woman to sit on the federal bench in Virginia. She had been an assistant federal public defender in Norfolk. She also served as an assistant U.S. attorney, prosecuting cases […]
Two are confirmed for seats on federal bench
The U.S. Senate last week confirmed the appointment of two U.S. district judges for Virginia, one each for the Eastern and Western Districts. On Wednesday, it approved Arenda L. Wright Allen, the head of the federal defender office in Norfolk, for a seat in the Eastern District on a 96-0 vote. The next day, the […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
