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Administrative: ‘Substantial evidence’ supported denial of disability benefits decision
Where an administrative law judge’s conclusion that a man was not disabled was supported by substantial evidence, and the judge sufficiently explained her reasoning, her decision was affirmed.
Constitutional: First Amendment retaliation claim is dismissed
Where a man alleged that deputies seized his protest papers and refused to return them in retaliation for his criticisms of the sheriff, this claim was dismissed. There were no allegations that the sheriff participated in, authorized or condoned the seizure, and any failure to return the papers does not rise to the level of a constitutionally adverse action.
Habeas Corpus: Habeas claim isn’t mooted by release from custody
Where a former inmate alleged the government perpetuated a fraud upon the court when it opposed his habeas petition, and the government moved to dismiss his Rule 60(b) motion on the basis he had been released from custody and it was thus moot, the government’s motion was denied. Both the Supreme Court and Fourth Circuit recognize that under certain circumstances the collateral consequences of a [...]
Prisons: Supervisors dismissed from inmate’s conditions of confinement suit
Where an inmate failed to plead facts showing two supervisors were personally involved in the alleged unconstitutional conditions of confinement, and failed to plead facts supporting a claim for supervisory liability, the supervisors were dismissed from the suit.
Fraud: Health care providers prevail on patient’s ERISA claims
Where a man alleged he was improperly billed by his health care provider, and improperly reimbursed by his health insurer, for blood tests, but some of the claims could not be asserted against the defendants and others failed as a matter of law or fact, the providers were granted summary judgment.
Constitutional: Court won’t enter final judgment in suit over confederate named schools
Although the court previously granted plaintiffs summary judgment on their compelled speech claim, it refused to enter a final judgment now. The court instead will wait until it resolves remaining claims involving another school.
Constitutional: Students prevail in suit over ‘Stonewall Jackson High School’ name change
Where students sued after the Shenandoah County School Board reinstated the name “Stonewall Jackson High School,” claiming it was a violation of their First Amendment rights against compelled speech, the court entered judgment in their favor.
Evidence: Court rejects school board’s blanket ‘legislative privilege’ claim
Where a school board moved for a far-ranging protective order based on legislative privilege, its motion was denied. The qualified privilege must be assessed as to each specific document and discovery request, and cannot be granted globally.
Habeas Corpus: Defendant’s motion to reopen habeas proceeding fails
Where the defendant argued the habeas proceedings should be reopened because his then-counsel was operating under a conflict of interest, but his motion failed for multiple reasons, it was denied.
Immigration: Foreign students can’t compel action on visa applications
Where two Iranian nationals sought to compel action on their visa applications without further delay, so that they may begin studying at universities in the United States, but the agency has no clear duty to act, their lawsuit was dismissed.
Consumer Protection: Lemon Law claim filed too late
Where a consumer failed to file her Virginia Lemon Law claim within 18 months from the date she purchased the vehicle, her claim was time barred.
Civil Practice: Jury demand stricken in suit challenging Confederate names on schools
Where the County School Board of Shenandoah County filed a jury demand after it was sued because it decided to reinstate the names Stonewall Jackson High School and Ashby Lee Elementary School, its jury demand was stricken. None of the claims provided a right to a jury trial.
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
