Free Newsletter
Criminal: Officer didn’t use excessive force during arrest
Where a police officer was outnumbered, had probable cause to believe the defendant was brazenly committing a serious drug offense in public and drew his firearm for less than 30 seconds, the defendant’s excessive force claim was rejected.
Damages: Compensatory damages award moots claim for nominal damages
Where a plaintiff obtained compensatory damages as redress for his injury, he lost the ability to recover nominal damages for that same injury.
Criminal: Sentencing enhancement wasn’t supported by required factual finding
Where the district court applied a sentencing enhancement for causing at least one victim to make sexually explicit videos after and in response to the defendant’s request, but it made no factual finding supporting this enhancement, the sentence was vacated.
Search and Seizure: Section 922(g)(5)(A) indictment survives Second Amendment attack
Where the defendant argued that 18 U.S.C. § 922(g)(5)(A), which prohibits an unlawful alien from possessing a firearm, violates the Second Amendment, this argument was rejected. Undocumented non-citizens “do not belong to the class of law-abiding members of the political community to whom the Second Amendment gives protection.”
Criminal: Defendant’s sentence is revoked based on hearsay evidence
Where the district court found that the government provided a sufficient explanation for not producing the strangulation victim at the defendant’s supervised release revocation hearing, and that the totality of the evidence showed the absent witness’s statements were reliable, it did not err in permitting the government to introduce “hearsay evidence” from the complainant.
Damages: Attorneys’ fees award is vacated and remanded
Where the parties dispute the hourly rates governing an award of attorneys’ fees to the prevailing employees in a Fair Labor Standards Act case, the court must consider all relevant evidence, including lawyer affidavits, fee awards in similar cases, general surveys, fee matrices and its own personal knowledge. The court may not elevate a matrix above all other types of evidence or treat a matrix[...]
Consumer Protection: Unfair debt collection claim is reinstated
Where a consumer alleged a debtor assessed and attempted to collect late fees of $23.67, although the underlying contract capped such fees at $15.00, he plausibly alleged a violation of the Fair Debt Collection Practices Act.
Civil rights: Felons challenge voting rights prohibition
Where individuals with felony convictions alleged their inability to vote violates a federal statute (Virginia Readmission Act), and sought an injunction allowing them to register to vote, their claim fell […]
Criminal: Facial challenge to 18 U.S.C. § 922(g)(1) rejected
Where a man convicted of violating 18 U.S.C. § 922(g)(1), which creates what is often called the “felon-in-possession” offense, argued the statute was facially unconstitutional, his challenge was rejected. The […]
Civil Practice: Court rejects attempt to initiate suit via fax
Where the district court determined its local rules do not permit filing complaints by fax, it did not err. Background Pro se litigant Jay Folse tried to start a lawsuit […]
Prisons: Inmate’s suit against prison officials is reinstated
Where an inmate alleged that prison officials violated his rights by violently pulling a contraband phone out of his rectum in a prison shower, the district court erred by granting […]
Criminal: Court rejects facial challenge to 18 U.S.C. § 922(g)(1)
Where a man convicted of being a felon in possession of a firearm argued the statute was unconstitutional, but the government may constitutionally forbid people who have been found guilty […]
Verdicts & Settlements
- Medical Malpractice-Patient dies following blood loss in surgery $2.05 million settlement
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
- Search & Seizure – Warrantless search of vehicle excused by protective sweep exception
