Where a servicemember’s claim was brought under Virginia’s codification of the Servicemembers Civil Relief Act, or SCRA, resolution of that claim did not involve federal law as to provide federal question jurisdiction. Background This is a civil action alleging a ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Although two provisions of Virginia’s abortion statutes and regulations were invalidated or enjoined, the remaining provisions were upheld because they did not unduly burden a woman’s right to choose to have an abortion. Background At issue in this case is ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

The combination of the police officer’s knowledge that the defendant might have been engaged in criminal conduct and defendant’s reaction when he encountered the police, provided a basis for the search that resulted in the discovery of a firearm. Background ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where a developer created software to automate government defense contract review and the government later worked with a private company to create a derivative work using the software’s source code, the developer was barred from suing the company for copyright ...

Tagged with: Intellectual Property Judge Henry E. Hudson U.S. District Court - Eastern District

A wrongful death lawsuit filed in 2017 for injuries a man suffered in a 2011 assault in a Walmart parking lot was dismissed as it was brought beyond the two-year limit for personal injury actions. Background On the night of ...

Tagged with: Judge Henry E. Hudson U.S. District Court - Eastern District Wrongful Death

A borrower who stopped making payments on a home equity loan more than two years after the time in which to seek rescission of the loan had expired did not have a valid claim against the banks and loan servicing ...

Tagged with: Banking Judge Henry E. Hudson U.S. District Court - Eastern District

Finding a homeowner failed to assert plausible claims against a substitute trustee, the trustee was found to be fraudulently joined and removed from the case. The court then had diversity jurisdiction over the remaining claims. Background According to the complaint, ...

Tagged with: Civil Practice Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant could not argue the statute of limitations expired on his illegal reentry charge because he fled from justice in the intervening years, which tolled the statute of limitations. Background Delfino Natalio De Leon-Ramirez was indicted for illegal reentry ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry E. Hudson

Both parties’ motions for summary judgment were denied as there are disputed issues of material fact over the impact of multiple restrictions on the location of abortions and regulation of facilities. However, the terms “hospital” and “second trimester” are not ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

A former Virginia State University student who was disciplined for his alleged role in an altercation with a female student did not allege facts that plausibly suggested the discipline was based on his gender or violated his civil rights. Background ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District