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Tag Archives: U.S. District Court – Western District

Incumbent Protection Act struck down (access required)

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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Retaliation claim defeated by justifiable termination (access required)

No reasonable juror could find that Plaintiff Mary David was subject to unlawful sex discrimination or retaliation by her employer, Defendant Winchester Medical Center, the district court said. David, WMC’s Director of Critical Care, alleged that Dr. Nicolas C. Restrepo’s ...

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Charitable immunity applies despite unwilling beneficiary (access required)

The district court held that Plaintiff Justis Funkhouser’s personal-injury claim against Defendant Henry & William Evans Home for Children was barred by Virginia’s charitable-immunity doctrine. Funkhouser – a minor in foster care at the time of the underlying events – ...

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State challenges ruling striking incumbent protection law (access required)


Virginia election officials are asking a federal judge to put a hold on his recent ruling striking Virginia’s “Incumbent Protection Act.” The law allows certain incumbent legislators to decide how their party’s nominee will be selected, regardless of the party’s ...

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Motorcyclist recovers small amount in wreck with minivan – $4,509 Verdict (access required)

Defendant turned left out of a McDonald’s parking lot into the path of plaintiff, who was riding a motorcycle. Plaintiff struck the side of defendant’s minivan. Defendant admitted she was negligent for failing to see plaintiff, but disputed liability because ...

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