Although a homeowners’ association was not incorporated when debtors signed documents acknowledging receipt of the disclosure packet required under the Virginia Property Owners Association Act, the 20-month delay in incorporation did not allow debtors to cancel their agreement to buy ...

Tagged with: Corporate Judge John A. Gibney Jr. U.S. District Court - Eastern District

A couple who allege they attempted to borrow against a retirement account in order to catch up on their mortgage payments, but who came home one day to find a handwritten note on their front door saying the home had ...

Tagged with: Judge John A. Gibney Jr. Real Estate U.S. District Court - Eastern District

A Richmond U.S. District Court denies a preliminary injunction to Calvary Christian Center that would prohibit the city of Fredericksburg from enforcing its requirement for a special use permit that would allow the Center to lease church space to the ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

The former superintendent of Water Utilities for the Town of Blackstone cannot sue the town for wrongful discharge under Virginia’s Fraud & Abuse Whistle Blower Protection Act, which protects employees of state, but not local, government; a Richmond U.S. District ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

A Richmond U.S. District Court dismisses a woman’s suit challenging Virginia’s statutory scheme in which registered sex offenders use their real names when they petition a state court for permission to go on school or daycare property. In 1993, “Jane ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

A Spotsylvania County mother says being banned from schools and daycare centers because of a 1993 sex offense violates her constitutional right to rear her children. But a Richmond federal court has dismissed her lawsuit challenging a Virginia statutory scheme ...

Tagged with: Judge John A. Gibney Jr. U.S. District Court - Eastern District

In her suit under the Truth in Lending Act to overturn a foreclosure, plaintiff’s offer of tender based on sale of her home would survive a motion to dismiss, says a Richmond U.S. District Court, but her claim for rescission ...

Tagged with: Judge John A. Gibney Jr. Real Estate U.S. District Court - Eastern District

A Richmond U.S. District Court dismisses a claim for emotional distress filed by a female clerk at an auto-parts store based on her boss’s boorish conduct from the clerk’s Title VII suit alleging sexual harassment. Courts have recognized that society ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

A lawyer advised by the Virginia State Bar to include a disclaimer on his firm-website blog that discusses results in specific cases cannot sue the Virginia State Bar or bar officials on a 42 U.S.C. § 1983 claim that requiring ...

Tagged with: Attorneys Judge John A. Gibney Jr. U.S. District Court - Eastern District

Richmond lawyer Horace F. Hunter faces a June 10 disciplinary hearing before the Virginia State Bar on a charge that a blog on his law firm website does not carry a disclaimer. Hunter says the VSB’s demand for a disclaimer ...

Tagged with: Chesterfield County Circuit Court Constitutional Federal Courts Judge Frederick G. Rockwell III Judge John A. Gibney Jr. Law Firms Lawyer Discipline Social Media Virginia State Bar