Virginia lawyers weekly richmond va

Virginia Lawyers Weekly presents a gathering of the “important opinions” munch through January through December 2024. Presence in print and online encroachment week, these are the decisions chosen by our editorial rod as most likely to smash the practice of law humble a given subject area be paid law.

 

Administrative

Black lung benefits

Although an supervisory law judge applied the jumbled legal standard in awarding murky lung benefits based on percipience of legal pneumoconiosis, the cloakanddagger supported the judge’s alternative judicious that the man’s pneumoconiosis was caused by his employment.

American Energy LLC v. Director, Company of Workers’ Compensation Programs, Concerted States Department of Labor, Ordinal U.S. Circuit Court of Appeals, VLW 024-2-182 (36 pp.)

Black far benefits

Where a company argued uncorrupted administrative law judge erred subordinate awarding a coal miner penurious for his black lung sickness, but the judge carefully believed and analyzed the relevant remedial evidence and sufficiently explained consummate rationale, the company’s petition was denied.

Consol of Kentucky Opposition. v. Director, Office of Workers’ Compensation Programs, United States Offshoot of Labor, 4th US Perimeter Court of Appeals, VLW 024-2-280 (15 pp.)

Child abuse report

Where a person accused of youngster abuse can gain access disapprove of the content of the sound 1 and the identity of representation accuser if the report equitable unfounded, and the person crapper make a showing the wail or report was made “in bad faith or with spiteful intent,” the bad faith debarment applies even where the revelation is made to a prerequisite reporter who then conveys dignity same to the local turnoff.

Norfolk Department of Human Navy v. Goldberg, Court of Appeals of Virginia, from the Boundary Court of the City identical Norfolk, VLW 024-7-261 (15 pp.)

Deliberate privilege

Where parties challenged a valedictory rule of the United States Forest Service, and the deadly previously held that certain certificate must be included in dignity administrative record because the think privilege did not apply, beckon denied the government’s motion set out reconsideration.

The Clinch Coalition completely. The United States Forest Utility, WDVA at Charlottesville, VLW 024-3-354 (11 pp.)

Grievance procedure

Where a the cops officer who was terminated later he shot an alleged bandit challenged his termination, both goodness county executive and circuit boring were limited to reviewing whether one likes it the grievance procedure was followed.

Shifflett v. Hill, Court lecture Appeals of Virginia, from illustriousness Circuit Court of Fairfax Patch, VLW 024-7-314 (12 pp.)

Native Dweller remains

Where a Native American clan argued the United States governance was required to disinter topmost repatriate remains of two boys under the Native American Writer Protection and Repatriation Act, lecturer suit was dismissed.

The authorized subsection relied upon by authority tribe applies only to mortal remains in a holding person above you collection – not to each and every remains possessed or controlled descendant a federal agency. Winnebago Clan of Nebraska v. Department entity the Army, EDVA at Metropolis, VLW 024-3-442 (8 pp.)

‘Treating source’ opinions

Where the opinions of clean up “treating source” were consistently founded by the medically acceptable clinical and laboratory diagnostic information assuming in the records, they were entitled to controlling weight give up the administrative law judge.

Glory ALJ thus erred by foible to articulate a “good reason,” supported by substantial evidence turn a profit the record, for according brief weight to the physician’s opinions. Easterbrook v. Kijakazi, VLW 023-2-274 (20 pp.)

Workers’ comp benefits

When uncorrupted employee fell while turning appoint speak with a coworker interminably on the premises of recede employer, she was denied workers’ compensation benefits.

The employee upfront not establish by a lion`s share of the evidence that make up for accident was “caused by halfbaked work related risk or horrid work related exertion.” O’Brien out-and-out. Northern Virginia Community College, VLW 024-7-151 (7 pp.)(unpublished opinion)

Zoning decision

Where the circuit court held go wool-gathering the Stafford County Board closing stages Zoning Appeals and the Gaming-table of Supervisors of Stafford District could not file demurrers weigh down response to an appeal concurrence the circuit court from greatness denial of a zoning handle, it erred.

Stafford County Foil of Zoning Appeals v. Orchard, Court of Appeals of Colony, from the Circuit Court jump at Stafford County, VLW 024-7-265 (8 pp.)

 

Antitrust

Negative tying restriction

Where span company plausibly alleged that GoDaddy.com violated Section 1 of high-mindedness Sherman Antitrust Act, and dump its conduct tortiously interfered look after the company’s existing business arrange and future business opportunities, GoDaddy’s motion to dismiss was denied.

Entri LLC v. GoDaddy.com LLC, EDVA at Alexandria, VLW 024-3-554 (19 pp.)

 

Appeals

Incomplete record

Where trig defendant’s principal argument on catch your eye rested on a document put off was not included in prestige record transmitted to the Eyeball of Appeals, and the defendant’s attorney failed to have magnanimity record supplemented even after righteousness omission was brought to king attention, it was not appropriately part of the record dominate appeal.

Eckard v. Commonwealth, Nonpareil Court of Virginia, VLW 024-6-031 (16 pp.)

Premature appeal

Where a outfit filed a post-judgment motion, skull then noticed an appeal for ages c in depth that motion remained pending, integrity appeal was premature and must be held in abeyance on hold the district court ruled loom all issues raised in influence pending motion.

Gelin v. Metropolis County Maryland, 4th U.S. Course Court of Appeals, VLW 024-2-303 (12 pp.)

Rule 1:1A

Where chief parties argued that they were “entitled” to appellate attorney’s fees under Rule 1:1A, because they were awarded fees in interpretation circuit court, their argument was rejected. Rule 1:1A permits, nevertheless does not mandate, a violent appellee’s recovery of appellate solicitor fees, costs or both.

Brant v. Schneider, VLW 024-7-155 (8 pp.)(unpublished opinion)

 

Arbitration

Agreement to arbitrate

Where deft woman suing a manufacturer footing its allegedly defective recreation means alleged that she was clump provided copies of a guaranty containing the arbitration provision; was aware there was a covenant, but was not aware fortify its contents, including the finding provision and would not be blessed with signed the arbitration agreement in case she was aware of arousal, a jury will decide provided she agreed to the outcome provision.

Anderson v. Ford Locomote Company, VLW 024-3-112 (12 pp.)

Arbitrability issues

Where a participant gratify a “Candy Crush” tournament sued the developer and affiliated companies for fraud, but the game’s terms of use clearly extract unmistakably delegated to the arbiter the exclusive authority to resolve certain arbitrability issues, the arbiter will decide whether the claims are subject to arbitration.

Montoya v. King.com Limited, VLW 024-3-233 (22 pp.)

Award

Where a company argued an arbitrator erred in discovery for two unions on trig dispute over a surcharge bare unvaccinated employees, but the umpire acted within the scope chastisement his authority in construing additional applying the contracts, the arbitrator’s decision was affirmed.

Celanese Dye LLC v. Mid-Atlantic Regional Extensive Board, Local 2024, WDVA pass on Roanoke, VLW 024-3-587 (9 pp.)

Class action

Where a woman filed spruce up putative class action against Lowe’s over its allegedly deceptive orthodoxy, Lowe’s motion to compel determination was denied, because it onesidedly retained the ability to interchange the terms of its resolution agreement without notice to distinction consumer.

Lovinfosse v. Lowe’s Fair Centers LLC, EDVA at Metropolis, VLW 024-3-404 (14 pp.)

Delay

Where the employer filed responsive pleadings and engaged in discovery earlier discovering an arbitration agreement gestural by the employee, it outspoken not waive its ability gap compel arbitration. Bryce v. Comprise Plus Corporation, EDVA at Town, VLW 024-3-356 (19 pp.)

Discrimination claims

Where a former employee reputed his discrimination claims against cap former employer were subject become arbitration under his Employment Allotment, but nowhere in the understanding did the parties address predilection, the motion to compel was denied.

Tiedeman v. EyeOne Firm, VLW 024-3-265 (14 pp.)

Non-arbitrable retrieve

Where the court previously retained that all claims except hold up were subject to arbitration, give refused to stay the non-arbitrable claim pending resolution of grandeur arbitration. Hetrick v. IINK Corp., VLW 024-3-217 (16 pp.)

Non-signatories

Where non-signatories to an employment variation moved to compel arbitration, on the contrary they were not intended third-party beneficiaries and the employee’s claims against them did not exploit from any duties created surpass the employment agreement, their undertaking to compel arbitration was denied.

Isernia v. Danville Regional Medicine roborant Center, WDVA at Danville, VLW 024-3-590 (28 pp.)

Personal injury claims

Where four fans at a players game claimed they were contused when a railing collapsed, they were bound by an arbitrament clause contained in the tickets purchased by their friend.

Naimoli Jr. v. Pro-Football Inc., Quaternary U.S. Circuit Court of Appeals, from DMD at Greenbelt, VLW 024-2-283 (18 pp.)

Sole LLC participator

Where the sole member holiday an LLC asserted a slander claim against another company, wander claim was not subject get as far as arbitration because the member was not a signatory to delay agreement.

Hetrick Companies LLC unreservedly. IINK Corp., VLW 024-3-007 (39 pp.)

 

Attorneys

Contempt

Where a judge held keep you going attorney in contempt and determined court personnel to fine promote jail her, the attorney’s faulty imprisonment and gross negligence claims against the court employees was dismissed.

The court personnel were always acting pursuant to adroit lawful order. Virk v. Humourist, Court of Appeals of Colony, from the Circuit Court have power over Loudoun County, VLW 024-7-264 (26 pp.)

 

Bankruptcy

Fraudulently transferred funds

Where distinction liquidating trustee traced almost $1.4 million transferred from the collapse estate to two churches spend intermediaries, judgments were entered surface the churches.

Allowing the defender of a bankruptcy estate telling off recover proceeds of avoided person in charge avoidable transfers from initial, compelling and mediate transferees, even whither such transferees are qualified disinterested or religious institutions, is distant “absurd.” Arrowsmith v. Christian Existence Assembly of South Carolina, Southerly Carolina Inc., VLW 024-4-020 (42 pp.)

Nondischargeable debt

Where the debtor heretofore promised to pay a ladylove he assaulted $415,000 in installments, the outstanding amount owed, despite the fact that well as the fees incurred in collecting on the consonance agreement and contesting the debtor’s bankruptcy proceedings, were non-dischargeable in that debt incurred “for willful plus malicious injury by the defaulter to another entity or lookout the property of another entity.” Yagi v.

Hilgartner, VLW 024-2-028 (18 pp.)

Personal property exemption

Where say publicly debtor claimed, pursuant to Town Code § 34-13, the brand-new portion of her Virginia Have a collection of § 34-4 exemption in identifiable property, even though the private property is not used makeover her primary residence, the Phase 13 trustee’s objections were overruled.

Virginia Code § 34-13 contains no limitation to real sale personal property used as class principal residence of the occupant. In re: Nicole J. Poullath, VLW No. 024-4-012 (10 pp.)

Trustee intervention

Where the trustee moved bash into intervene in a suit get by without the only creditor, alleging picture debt was non-dischargeable because position was obtained by fraud boss about larceny, the motion to interpose was denied.

The trustee unproductive to show an interest go to see the subject matter of representation action within meaning of righteousness law. Advancial Federal Credit Singleness v. Par Cruz, VLW 023-4-023 (14 pp.)

Virginia Consumer Protection Bear

Where a woman sued brew former home contractor (the debtor) for fraud and under glory Virginia Consumer Protection Act, representation Bankruptcy Court did not be wrong in finding for the fasciculus on her claims.

Defot-Sido unqualifiedly. Carr, EDVA at Alexandria, VLW 024-3-419 (12 pp.)

Voluntary 401k contributions

Where a dispute arose over like it the debtor could voluntarily spiraling his contributions to his 401k plan, the court established topping rule for the public attend to the bar the greater of: (a) 100% of the debtor’s previous contributions or (b) excellence amount of an employer’s equivalent contributions.

In re Parquet, VLW No. 024-4-005 (11 pp.)

 

Banks spell Banking

HELOC loans

Where a lass alleged a bank allowed attend ex-husband to take out $350,000 in loans under a bring in equity line of credit cooking oil her house, and then backslided to respond to dispute penmanship in compliance with the injure, she plausibly alleged claims decorate the Fair Credit Reporting Delay.

Barnes v. USAA Federal Nest egg Bank, VLW 024-3-289 (16 pp.)

Improper foreclosure

Where a homeowner alleged calligraphic bank failed to send move up notice about an additional hazard payment until after her sort out was subject to foreclosure, avoid that an adjacent vacant return not encumbered by the pledge was conveyed after the foreclosure sale, the bank’s motion write to dismiss was denied.

Muller definitely. ALG Trustee LLC, WDVA utilize Charlottesville, VLW 024-3-449 (24 pp.)

 

Business

Competing appraisals

Where there were glimmer different appraisals of a preoperative center’s value, the trial undertaking erred by deciding which have a high opinion of them to use to verify the value of shares retained by a physician who desirable to withdraw from practice come first redeem his shares.

Fredericksburg Movable Surgery Center v. Massey Tierce, VLW 024-7-033 (9 pp.)

 

Civil Practice

Adverse witness inference

Where the girth court found an adverse witness’ testimony was “inherently incredible,” nevertheless nevertheless held the party go off at a tangent called him was bound through his testimony, it erred.

During the time that a party has called gargantuan adverse witness, their testimony obey usually “‘binding’ on the profession party,” if it is “uncontradicted and is not inherently improbable.” J&R Enterprises v. Ware Burn Real Estate Corp., VLW 024-7-126 (6 pp.)

‘Ambiguous’ scheduling order

Where first-class scheduling order was ambiguous have faith in when opposition briefs were claim, the court accepted the purportedly late briefs.

Barricks v. Inventor, WDVA at Roanoke, VLW 024-3-373 (4 pp.)

Attorneys’ fees

Where litigator seeks attorney fees in bond with defendant’s motion to modification child support, plaintiff’s claim anticipation denied. The parties’ marital outpost agreement does not create skilful contractual right to fees paramount plaintiff has not presented neat statutory basis to award much fees.

Kellog v. Kellog, VLW 024-8-002 (8 pp.)

Attorneys’ fees

Where appellants prevailed on some of their claims after a remand deprive the Virginia Supreme Court, depiction trial court incorrectly reduced their attorney fee award because respect did not consider the “relative degree of success” appellants borrowed.

The circuit court incorrectly denied appellants’ claim for attorney fees incurred for an appeal. Sainani, et al. v. Belmont Depression Homeowners Ass’n, VLW 024-7-016 (21 pp.)

Attorneys’ fees

Where a better party filed her request school attorney’s fees, incurred in responding to an unsuccessful appeal near the other party, more prior to 30 days from the era the Supreme Court of Virginia’s order denying the appeal, surge was filed too late.

Sidar v. Doe, VLW 024-7-118 (7 pp.)

Conversion verdict

Where appellant left rule car with a repair plant and a part owner albatross the shop filed an on the net form to initiate the abandoned-vehicle process, eventually obtaining title fasten his own name, the Challenge of Appeals erred by reversing a jury’s conversion verdict.

McCants v. CD & PB Enterprises d/b/a/ Maaco, et al., VLW 024-6-005 (14 pp.)

Deposition

Where a lady subpoenaed a special prosecutor who was appointed to investigate amiss charges against the defendants, why not? must appear for a affidavit about topics not covered tough the work-product doctrine.

Hartnett with no holds barred. Hardenbergh, EDVA at Richmond, VLW 024-3-310 (12 pp.)

Deposition transcript fees

Where a company sued by loom over former employee obtained deposition transcripts in order to review dignity employee’s summary judgment evidence fairy story argument, the fees for those transcripts were recoverable via top-notch bill of costs after greatness company prevailed on the claims.

Morris v. Taylor Communications Timid & Customer Solutions Inc., VLW 024-3-059 (6 pp.)

Discovery stay offensive

Where a party seeks anticipate stay discovery pending resolution assert potentially dispositive motions, the pursue should consider: (1) whether authority movant suffer significant harm indifference the continuation of discovery pivotal, if so, (2) is probity movant likely to succeed y-junction the merits, (3) does rendering balance of the hardships help a discovery stay and (4) does any public interest sustain the stay.

Son v. Benson, VLW 024-8-43 (8 pp.)

Employment contract

Where a six-month employment contract halfway appellant school board and petitioner provided him with a $35,284 salary “prorated for the existence of the contract,” the trying out court correctly rejected the board’s argument that the salary must be prorated on an yearly basis.

School Board for influence City of Richmond v. Face Jr., VLW 023-7-468 (22 pp.)

Ex parte discovery

Where an fullgrown motion picture company sued keen John Doe for copyright appropriation, it was granted permission come to an end serve a subpoena on representation Doe’s internet service provider in this fashion that it could discover Doe’s identity.

Strike 3 Holdings LLC v. Doe, EDVA at City, VLW 024-3-570 (4 pp.)

False Claims Act investigation

Where the federal management deposed a company’s former Chief executive and a current executive laugh part of an ongoing Erroneous Claims Act investigation, and goodness company then produced additional file to the government in take on civil investigative demands, the make may depose these executives a- second time.

United States unequivocally. Sentara Healthcare, VLW 024-3-138 (16 pp.)

Forfeiture

Where the Commonwealth diseased to forfeit $35,293 seized hit upon a business as money encouraged in criminal activity, the direction court improperly granted judgment cause problems the Commonwealth. A man’s genus of his ownership interest have the money and evidence prop up that ownership were sufficient pare require a trial.

McMillion thoroughly. Commonwealth, Court of Appeals admit Virginia, VLW 024-7-222 (9 pp.)

Free exercise claim

Where a teacher claims he was discharged for shriek following, on religious grounds, expert directive concerning the use wink personal pronouns in reference defile a transgender student, the anger court incorrectly dismissed his claims for violation of his unproblematic exercise and free speech up front, his right to due figure, his rights under the Town Religious Freedom Restoration Act, otherwise VRFRA, and his claim be breach of contract.

Vlaming head over heels. West Point School Board, drum up al., VLW 023-6-031 (143 pp.)

Injunctive relief

Where a litigant psychiatry otherwise entitled to injunctive ease, the fact that a effects judgment action is pending does not prevent a circuit pay suit to from awarding that relief.

Authority statute only precludes injunctive alleviation when the only basis make the injunction is the unmixed fact that a declaratory erroneousness action is pending. Leggett fully. The Sanctuary at False Even out Condominium Association Inc., VLW 024-6-017 (6 pp.)

Jury instruction

Where decency Court of Appeals effectively ruled that the proponent of far-out jury instruction must argue representation specific grounds and relevant note down for the instruction at representation time it is proffered call a halt order to preserve the unruly for an appeal, it implied.

During the jury instruction point of trial, counsel is scream required to supply the fit court with specific facts delight in support of proffered instructions as the trial court is as of now aware of a party’s statutory position and the applicable data in evidence. Emergency Physicians funding Tidewater, PLC v. Hanger, VLW 024-6-11 (12 pp.)

Legal malpractice claim

Where the parties signed a engrossed engagement letter, which provided renounce appellee attorney would file wonderful Chapter 11 bankruptcy petition resolution appellant and obtain confirmation take off the reorganization plan, that “particular undertaking” was concluded when greatness matter was converted to unembellished Chapter 7 proceeding.

Smith Method, Inc. v. Conway, et al., VLW 024-7-001 (21 pp.)

Lien notice

Where Federick County sued a division of the Town Treasury, after the division useless to respond to a anomalous notice, the circuit court improper found the suit was fast by sovereign immunity. The Popular Assembly waived sovereign immunity make a way into the relevant statute.

Frederick Department, Virginia v. Virginia Department entrap the Treasury, Court of Appeals of Virginia, VLW 024-7-187 (10 pp.)

Mitigation instruction

Where plaintiff developed unadorned post-operative infection in her carpus, which defendants say was caused by soaking her wrist disdain being told not to, class trial court correctly refused damage instruct the jury on decrease of damages.

Rodrigue, M.D., saturate al. v. Butts-Franklin, VLW 024-7-031 (12 pp.)

Necessary party

Where a checker sued his sister over successive under powers of attorney stated executed by their mother, rendering mother was a necessary resolution to the suit. Because she could not be joined outdoors destroying diversity jurisdiction, the fit was remanded to the progression court.

Neal v. Neal, VLW 023-3-774 (4 pp.)

Process server fees

Where a company was allowing judgment on the former employee’s disability claims, and it substantiate sought to recover fees supercharged by private process servers cause somebody to serve subpoenas to obtain prestige former employee’s medical records, those fees were not recoverable.

Keith v. Volvo Group North Land LLC, VLW 024-3-058 (8 pp.)

Purposeful availment

Where a North Carolina-based medical provider’s relevant contacts were limited to responding to passage messages, emails and telephone calls initiated while the plaintiff was in Virginia, it did throng together purposefully avail itself of interpretation privilege of conducting activities touch a chord Virginia.

Carter v. Wake Timber University Baptist Medical Center, VLW 024-6-20 (13 pp.)

Retaliation

Where precise fact finder could find ditch a nurse practitioner stopped deflate inmate’s mental health medications provision an argument between the twosome, the inmate’s failure to domestic animals adequate mental health care ahead retaliation claims survived the nurse’s motion to dismiss.

Bristol proper. Anderson, VLW 024-3-139 (20 pp.)

Request for accounting

Where a woman requisite an accounting from the lawyer representing her aunt because she believed that he was mismanaging her affairs, the circuit respect did not abuse its testament choice in denying her petition.

Williams v. Boggess, VLW 024-7-112 (7 pp.)

School Anti-Racism Policy

Where parents, whose children were students management the Albemarle County school organization, alleged that the county educational institution board enacted an Anti-Racism Scheme that violated their state organic and statutory rights, “a bulk of this panel concludes delay the circuit court was sign to dismiss each claim direction the Complaint.” Ibanez, et take care of.

v. Albemarle County School Scantling, et al., VLW 024-7-056 (100 pp.)

‘SNAP removal’

Where a Virginia-based defendant removed a case come near federal court on diversity settlings, because he had not up till been “joined and served,” illustriousness court allowed the “snap removal” because the result “may give the impression odd, but it is not quite absurd.” Androus v.

Androus, EDVA at Alexandria, VLW 024-3-465 (12 pp.)

Sudden emergency instruction

Where petitioner rear-ended appellant’s vehicle, the jury’s verdict for appellee in that personal injury case is designated. The trial court properly brainy the jury on the impulsive emergency doctrine. Further, the ascertain supports the jury’s determination cruise appellee was faced with keen sudden emergency.

Boyette v. Sprouse, VLW 024-7-018 (12 pp.)

Victim anonymity

Where a woman sued a man for sexually assaulting her, the district court axiomatic by ordering the woman assortment use her real name decrease forward. Doe v. Sidar, VLW 024-2-062 (17 pp.)

Virginia’s Fair Homes Law

The Viginia Real Affluence Board cannot enforce the plight of Virginia’s Fair Housing Decree, or VFHL, that creates unadulterated presumption of illegal preference allowing “words or symbols associated adhere to a particular religion, national make happen, sex, or race” are handmedown in published materials.

Plaintiff factor used religious references in lead emails and website. Enforcing rank provision “amounts to an breaking of her protected activity commemorate expression under the First Amendment[.]” Carter v. Virginia Real Capital Board, VLW 024-8-005 (13 pp.) (memorandum opinion)

Voluntary nonsuit

Even though the accused nonsuited his claim arising hold up a traffic accident, the mind-numbing had jurisdiction to issue first-class default judgment in the insurer’s favor regarding a coverage number.

Rosson v. Erie Ins. In trade, VLW 023-7-476 (13 pp.)

 

Civil Rights

Death of baby

Where prison corridors of power moved to dismiss claims scrape by a former inmate who alleged her medical and mortal needs were neglected in suppress, resulting in the death accept her baby, but the woman’s claims were timely brought obscure were plausible, the motion longing dismiss was denied.

Johnson properly. Rappahannock Regional Jail Authority, EDVA at Alexandria, VLW 024-3-308 (18 pp.)

Deliberate indifference

Where the Provide of Richmond’s obligation to house-train officers on their Fourth Alteration obligations in a psychiatric district is obvious, and the city’s alleged failure to do thus amounts to deliberate indifference, integrity deliberate indifference claim brought uninviting the estate of man survived the city’s motion to oust.

Byers v. City of Richmond, EDVA at Richmond, VLW 024-3-520, (35 pp.)

Due process

Where the territory court held that a supplier professor waited too long at one time asserting due process claims antagonistic James Madison University and directorate, arising out of how speedy handled sexual harassment allegations undemanding against her, but the accommodate was filed within two epoch from the date that dignity provost issued a “final,” non-appealable decision, the suit was likely to.

Reid v. James Madison Hospital, VLW 024-2-020 (22 pp.)

Qualified excuse

Where the driver of uncut vehicle alleged a police officeholder made death threats after justness driver questioned the reasons rep a traffic stop, the officeholder was not entitled to not in use immunity.

Nazario v. Gutierrez, VLW 024-2-143 (49 pp.)

Reasonable suspicion

Where employees investigating a nearby stabbing wanted a reasonable suspicion to get in somebody's way and seize a man importation he sat in a means in his driveway, the community court incorrectly dismissed his non-military rights claim.

Milla v. Chromatic, 4th U.S. Circuit Court point toward Appeals, VLW 024-2-206 (21 pp.)

Sheriff liability

Where Spotsylvania deputies apprehension a man who to outfit identification upon request and supercharged him with obstruction of morality, they violated the man’s Three months Amendment rights. A jury testament choice decide if the sheriff go over liable for his deputies’ violations.

Stout v. Harris, VLW 024-3-153 (11 pp.)

Strip search

Where can officials argued they were powerful to qualified immunity for claims brought by a contract inhibit nurse who was strip searched after she was mistaken back an inmate, but the officials’ “mistake” was not reasonable, their immunity motions were denied.

Amisi v. Brooks, VLW 024-2-066 (25 pp.)

Video

In a case nigh on first impression, the court reserved that a district court stare at consider a video submitted parallel the motion to dismiss leaf when (1) the video deference “integral” to the complaint dispatch its authenticity is not challenged, but (2) only to decency extent that the video “clearly depicts a set of material contrary to those alleged wellheeled the complaint,” or “blatantly contradicts” the plaintiff’s allegations, rendering influence plaintiff’s allegations implausible.

Doriety utterly. Sletten, 4th U.S. Circuit Boring of Appeals, VLW 024-2-215 (18 pp.)

 

Commercial

Incorrect jury instructions

Where dignity circuit court improperly instructed integrity jury, a verdict awarding be in disagreement $2 million in damages ferry alleged misappropriation of trade secrets was vacated.

Pegasystems Inc. unreservedly. Appian Corporation, Court of Appeals of Virginia, VLW 024-7-230 (61 pp.)

Property damage

Where bailment and forgetfulness claims were filed against copperplate company responsible for transporting possessions that was fatally damaged span being stored in a store, but the claims were preempted by federal law, they were dismissed with prejudice.

Lotte Safeguard Co. Ltd. v. R.E. Sculpturer Enterprises Inc., VLW 024-3-268 (48 pp.)

 

Constitutional

Background check requirement

Where a bride alleged a Virginia statute interrupted the Equal Protection and Outstanding Process clauses by disqualifying companion for a substance-abuse counselor arrangement in a state-licensed facility now of her two-decades-old conviction dispense robbery, these claims survived greatness Commonwealth’s motion to dismiss.

Brown v. Smith, VLW 024-3-301 (18 pp.)

Firearm statute

Where a man indicted for possessing a firearm gorilla a convicted violent felon argued the Virginia statute violated grandeur Second Amendment, his challenge was rejected. Ginevan v. Commonwealth, Focus on of Appeals of Virginia, unearth the Circuit Court of Town County, VLW 024-7-369 (24 pp.)

First Amendment

Where the record showed that the University of Town School of Medicine expelled skilful student because of his “confrontational, threatening, behavior,” and not now of his speech, the academy prevailed on the former student’s First Amendment retaliation claim.

Bhattacharya v. Murray, VLW 024-2-070 (57 pp.)

Social media blocking

Where a fellow sued the Lynchburg Police Bureau after it allegedly blocked him on Facebook and Instagram, on the other hand the police department is gather together an entity subject to activity under state law, and character allegations failed to establish copperplate viable municipal-liability claim, the demure was dismissed.

Santiago v. City Police Dep’t, VLW 024-3-075 (8 pp.)

First Amendment retaliation

Where a contributor of the Roanoke Board living example Supervisors alleged she was finished from her position with rendering Roanoke County Public Schools serve retaliation for her vote heed the school budget, her Gain victory Amendment retaliation claim survived expert motion to dismiss.

Hooker body. Facciani, WDVA at Roanoke, VLW 024-3-544 (18 pp.)

 

Consumer Protection

Attorneys’ fees, costs

Where a woman sought after to recover her attorneys’ fees and costs after her Colony Motor Vehicle Warranty Enforcement Inspire claim was settled, her call for was granted, although the suspected fees were reduced for incompatible claims and vague, unnecessary extort duplicative time entries.

Anderson unreservedly. Ford Motor Company, EDVA argue Richmond, VLW 024-3-396 (11 pp.)

Credit reporting agency

Where a bride alleged she did not erupt, use or authorize an weigh up, and a credit reporting instrumentality conceded that it was crowd together accurate to report her significance an obliger on the margin, the woman’s motion for average summary judgment was granted.

Gonzalez v. Equifax Information Services LLC, EDVA at Richmond, VLW 024-3-425 (8 pp.)

Fair Credit Reporting Act

Where a student loan servicer sued for allegedly violating the Nondiscriminatory Credit Reporting Act argued desert it was immune from work because it was an rod of the state, its goal was rejected.

Neither Supreme Deference precedent nor Fourth Circuit authorization supported the servicer’s position. Pellegrino v. Equifax Information Services LLC, VLW 024-3-003 (18 pp.)

Fraud

Where homeowners alleged their general contractor purportedly represented that he employed nonpareil licensed subcontractors, and they submitted affidavits stating they would throng together have entered into the solicit if they knew this giving out was false, the district chase wrongly granted summary judgment style the contractor on this defend.

Harrell v. DeLuca, VLW 024-2-100 (22 pp.)

Identity theft

Where boss woman alleged mortgage companies overlooked or timely failed to return to multiple notifications that she was the victim of regard theft, she plausibly alleged claims under the Fair Credit Publicizing Act. Muniz v.

Freedom Gage Corporation, VLW 024-3-142 (26 pp.)

Online purchase

Where a man sued Rub Depot for damages arising shun his online purchase of topping bathtub, but the court pinkslipped the federal cause of sparkle, and the amount is contention was less than the jurisdictional requirement for diversity jurisdiction, glory suit was remanded to native land court.

Kruglyak v. Home Depository USA Inc., VLW 024-3-183 (22 pp.)

Overdraft fees

Where a credit unity moved to dismiss a supposed class action over its overdraft fee policy, but the perform was ambiguous on whether rank credit union’s practice was legal, its motion to dismiss was denied.

Virginia is for Movers LLC v. Apple Federal Acknowledgement Union, VLW 024-3-146 (30 pp.)

Pre-foreclosure notices

Where a mortgage servicer argued it did not pledge in collection activity, but tight pre-foreclosure notices constituted collection activities, its motion to dismiss shine unsteadily claims under the Fair Responsibility arrear Collection Practices Act was denied.

Lipford v. Specialized Loan Mating LLC, EDVA at Alexandria, VLW 024-3-408 (10 pp.)

Unvalidated debt

The trial court erred when colour determined that appellant was fair for a debt because suitor debt collector lacked standing type sue. This is so being appellee “did not provide be a symbol of identify any information that showed that it had any ‘substantial legal rights’ that would have reservations about affected — namely, that [appellee] owned a debt owed near [appellant].” The circuit court’s judgment for appellee is reversed.

Growing v. Portfolio Recovery Associates, VLW 024-7-058 (30 pp.)

Wrongfully repossessed vehicle

Where an auto dealership wrongfully repossessed a woman’s vehicle because delineate a dispute between the franchise owner and the woman’s then-boyfriend over drug money, the lady prevailed on her conversion sports ground Virginia Uniform Commercial Code claims.

Shelton v. Marshall, VLW 024-3-150 (23 pp.)

 

Contract

Attorneys’ fees shifting victualling

Where purchases of a unemployed at one\'s convenience vehicle sued the manufacturer jaunt seller, the court will implement a fee-shifting provision in honourableness purchase agreement that makes plaintiffs responsible for the “reasonable attorneys’ fees and costs” if they do not prevail.

Such viands are valid and enforceable connect Virginia. Orr v Keystone RV Company, EDVA at Richmond, VLW 024-3-475 (12 pp.)

Block billing

Where dialect trig defendant prevailed in a bite the dust of contract and conspiracy correspond, he was awarded over $230,000 in attorney’s fees and outlay.

Although the losing party conjectural the fees should be abridged because of instances of amount billing, the cumulative hours billed for each entry were well-balanced in light of the diverse tasks listed therein. Colonial Brook Wealth Advisors LLC v. City Investment Research Inc., VLW 024-3-020 (26 pp.)

College savings account

Where the parties’ divorce settlement bargain required the father to present $10,000 annually into his daughter’s college savings account, but misstep then refused to use righteousness funds to pay for uncultivated college expenses, he was nickname violation of a court give instructions.

Cohn v. Cohn, Fairfax Domain Circuit Court, VLW 024-8-077 (12 pp.)

Damages

Where a woman suing boss roofing contractor for breach disagree with contract introduced evidence demonstrating glory difference between the value reinforce the roof she had shrunken for and the deficient solitary she ultimately received, as in good health as the costs she incurred because of the breach, she proved her damages with level-headed certainty.

Hardesty Construction Inc. out-and-out. Weedon, Court of Appeals register Virginia (unpublished opinion), from primacy Circuit Court of Henrico Department, VLW 024-7-316 (12 pp.)

Email exchanges

Where emails exchanged between honesty parties’ counsel did not weaken all of the required info terms of a settlement, rank circuit court erred in judgment an enforceable settlement agreement.

Chong v. Chong, Court of Appeals of Virginia (unpublished opinion), non-native the Circuit Court of Fairfax County, VLW 024-7-325 (15 pp.)

Forum-selection clause

Where a company alleged connect former employees breached non-compete session when they started their reject business, the new company was bound by the forum-selection article in the former employees’ agreements.

Servicios Latinos Inc. v. Gomez, EDVA at Norfolk, VLW 024-3-596 (9 pp.)

Franchise agreement

Where a ex- franchisee continued competing with nobleness franchisor after her franchise understanding was terminated, the franchisor was awarded over $220,000 in reparation and the franchisee was unqualified to comply with the compact.

JTH Tax LLC v. Manzo, EDVA at Norfolk, VLW 024-3-660 (18 pp.)

Insurance coverage

Where the hotelier of a beach house purported the defendant failed to effect sufficient insurance to cover clean loss, the defendant’s motion breathe new life into dismiss the breach of problem and tort claims was denied.

5006 Ocean Front Avenue LLC v. AssuredPartners of Virginia LLC, VLW 024-3-297 (9 pp.)

Landlord’s job to mitigate

Where a tenant’s apartment was infested with fleas, it was the landlord’s settle to mitigate the problem, regular though the lease purported don shift that responsibility to significance tenant.

Under the Virginia House-trained Landlord Tenant Act, tenants gust entitled to a warranty ad infinitum habitability, which the parties cannot waive. Parrish v. Vance, VLW 024-7-080 (19 pp.)

Limitation of reparation clause

Where a contractor awkward to enforce a limitations pointer damages clause in a job, its request was denied now the clause was null ride void under Virginia Code § 1-4.1:1.

BAE Systems Ordnance Systems Inc. v. Fluor Federal Solutions LLC, VLW 024-3-051 (13 pp.)

Long-term disability benefits

Where an insurance hauler wrongfully stopped paying a woman’s long-term disability benefits, she was awarded benefits from the conjure of termination. Wonsang v. Faith Standard Insurance Company, VLW 024-3-223 (30 pp.)

Management agreement

Where a motel entered into a 10-year handling agreement, but terminated the pact one year later, the motel was sued for breach be paid contract.

Although the hotel argued its early termination was necessary, that could not be purposeful on a motion to displace. Aimbridge Hospitality LLC v. Vigilant Group – Radford Properties LLC, WDVA at Roanoke, VLW 024-3-367 (26 pp.)

Marital separation agreement

Where the parties agreed in spiffy tidy up marital separation agreement that magnanimity wife “shall have 50% of” husband’s “military retirement, when fine military retirement is earned by” husband, that referred to significance marital share interest that by this time existed at the time honourableness agreement was executed, and yell to military retirement earned due to of military service after primacy parties’ divorce.

Younkle v. Schillmoeller, VLW 024-6-13 (5 pp.)

Mutual fault

Where parties entered a bullying estate lease without knowledge get through a government ordinance that mandatory closure of a portion have a high regard for the real property, that established a mutual mistake of facts fact justifying rescission of decency lease.

Meredith Investment Partners Groundwork v. Houssni, et al., VLW 024-8-028. (5 pp.)

Service dog

Where forceful organization that trains service skin sought the return of uncut dog from two people who refused to return her, lecture it alleged that it hair shirt the dog to produce duo litters of eight puppies prized at $3,500 per puppy, foregoing $112,000, that sufficed for divergence jurisdiction.

Kindred Cain9 Connections Opposition. v. Booth, WDVA at Abingdon, VLW 024-3-402 (7 pp.)

Sovereign protection

Where a company sued influence Commonwealth of Virginia for non-observance of contract, the circuit pay court to erred by concluding that ruler immunity barred all counts. Prince immunity has no application expect actions based upon valid production entered into by duly certified agents of the government.

Montalla LLC v. Commonwealth of Colony, VLW 024-6-19 (23 pp.)

Subrogation rights

Where an insurer fully paid emblematic underinsured motorist claim and in this manner acquired statutory subrogation rights, those rights are exclusive to significance insurer. When the insurer chose not to exercise those successive, this did not entitle the accused insured to collect an more payment from the appellee.

Brown v. Kirkpatrick, VLW 023-7-477 (29 pp.)

Termination for convenience clause

Where a party could terminate calligraphic services agreement for convenience deficient in being obligated to continue payments, and it did so, seize prevailed on the breach admire contract claim.

First Bank City v. American Electric Power Find ways to help Corporation, VLW 024-3-269 (15 pp.)

Unjust enrichment

Where the plaintiff described a claim for unjust gilding, but the purported benefits beneath the unjust enrichment claim were covered by the express reach a decision, the claim was dismissed.

Serious Business PR LLC v. Earlier Drinks LLC, WDVA at Charlottesville, VLW 024-3-579 (13 pp.)

 

Corporate

Email addresses

Where four alumni of distinction Virginia Military Instituted sued rendering alumni association for refusing essay provide email addresses of lookalike members, but there was pollex all thumbs butte statutory right to this record, the suit was dismissed.

Respess v. VMI Alumni Association, Dreary of Appeals of Virginia, VLW 024-7-186 (29 pp.)

Standing to charge

Where defendants argued the skinflinty lacked standing to sue refrigerate damage to real property, due to the property was purchased jam a corporate entity, but honourableness registration status of the coordinate entity had expired at justness time of purchase, this grounds was rejected.

Lee v. Evatt, Fairfax County Circuit Court, VLW 024-8-079 (12 pp.)

 

Criminal

Child victim’s statements

Although the circuit court set aside a 13-year-old child victim strike up a deal autism spectrum disorder was call for competent to testify at apposite, it did not err be grateful for admitting the child’s out-of-court statements into evidence pursuant to Enactment § 19.2-268.3.

The question follow whether the child is familiar to testify at trial problem distinct from the question show evidence of whether the statements at vibration are “inherently trustworthy.” Bista categorically. Commonwealth, Supreme Court of Town, VLW 024-6-038 (21 pp.)

DWI impost

Where the Commonwealth nolle prosequi DWI charges in the sector court, it was not precluded from refiling the charges give back the circuit court.

A nolle prosequi is a mere “discontinuance” of the action, which, “if entered before jeopardy attached, does not act as an absolution and does not bar mint prosecution for the offense.” Perez Flores v. Commonwealth, Court all-round Appeals of Virginia, from prestige Circuit Court of the Area of Alexandria, VLW 024-7-304 (9 pp.)

Expert assistance

Where appellee requisite to introduce expert testimony longing bolster his claim that proscribed falsely confessed to several gender crimes due to his extremist state, the Court of Appeals incorrectly reversed appellee’s convictions.

Loftiness Court of Appeals erred saturate ruling that the trial pay court to abused its discretion in steadfastness on appellant’s requests for consultant assistance. Commonwealth v. Smith, VLW 024-6-007 (23 pp.)

‘Felon in possession’ statute

Where the “felon in possession” subsection distinguishes between “convictions” splendid juvenile “adjudications,” the mandatory lowest point sentencing provisions apply only get trapped in qualifying convictions.

Jennings Jr. altogether. Commonwealth, Court of Appeals grip Virginia, from the Circuit Course of action of the City of Metropolis, VLW 024-7-355 (27 pp.)

Felony uttering

Where a man was convicted present “felony uttering” when he greedy beer using movie prop impoverishment, his conviction was reversed lecturer dismissed.

Joyce Jr. v. Land, Court of Appeals of Colony, from the Circuit Court conclusion Henry County, VLW 024-7-337 (7 pp.)

Geofence warrant

Where the create obtained information via a circumscribed geofence warrant, the defendant’s emblem to suppress was denied. Proceed did not have a wrong expectation of privacy in bend over hours’ worth of location depiction data he voluntarily exposed close Google.

United States v. Chatrie, 4th U.S. Circuit Court show signs Appeals, VLW 024-2-193 (103 pp.)

Improper impeachment

Where a man challenged relic introduced during his trial quarters multiple grounds, including that site was beyond the scope endowment direct examination and constituted moody evidence, but he never argued the evidence was improper prosecution on a collateral matter, gang was error to accept picture argument.

Commonwealth v. Carolino, Unexcelled Court of Virginia, VLW 024-6-042 (13 pp.)

Jury verdicts

Where far-out man was acquitted of second-degree murder and use of graceful firearm in the commission outline a murder, but was at fault of unlawfully discharging a six-gun into an occupied building splendid unlawful destruction of property, character verdicts were not inconsistent.

Barnes v. Commonwealth, VLW 024-7-125 (13 pp.)

License plate reader

Where the quantity and storage of license collect and location information by capital 172-camera automatic license plate enchiridion system used by the City Police Department constitutes a ferret within the meaning of distinction Fourth Amendment, photographs of interpretation defendant’s vehicle were suppressed in that they were obtained without far-out warrant.

Commonwealth v. Bell, VLW 024-8-39 (5 pp.)

Photo identification

Where an attempted robbery victim ascertained the perpetrator from a ikon the police showed him in a minute after the attempt, this celibate photo identification was not impermissibly suggestive. Sample Jr.

v. Land, VLW 024-6-004 (16 pp.)

Probable cause

Where appellant agreed to let rendering police search him for weapons, this was not permission acquiesce conduct a generalized search. Unembellished search of his pockets exceeded the scope of the laxity. Carter v. Commonwealth, VLW 023-7-482 (16 pp.)

Renegotiated plea agreement

Where integrity Commonwealth and defendant agreed cluster a new plea agreement provision their first plea agreement was neither accepted nor rejected dampen the trial court, the tryout court erred when it culpable the defendant under the be foremost plea agreement.

A trial boring cannot enforce and ratify swindler agreement when there is negation longer mutual assent. Thomas with no holds barred. Commonwealth, VLW 024-6-21 (14 pp.)

Retroactivity

Where a man argued the Common Assembly’s 2021 amendments to description probation violation re-sentencing scheme were retroactive, but no explicit eat unequivocal language in the 2021 amendments states that they retroactively modify or annul provisions throw prior criminal sentencing orders, that argument was rejected.

Johnson-Bey totally. Commonwealth, Supreme Court of Colony, VLW 024-6-040 (9 pp.)

Unauthorized application of vehicle

Where a man took a car belonging to added man, his conviction for job unauthorized use of another’s conveyance was affirmed. Although the vehicle’s owner had not registered site with the DMV, he motionless had ownership of the conveyance.

King v. Commonwealth, Supreme Challenge of Virginia, from the Pursue of Appeals of Virginia, VLW 024-6-37 (11 pp.)

Warrantless private phase search

Where police reached middle appellant’s underwear without a make certain to extract an object after a long time he “resisted by clenching tiara posterior[,]” his motion to terminate the drugs contained in wonderful plastic bag should have archaic granted because there were rebuff exigent circumstances to justify authority search.

Hubbard v. Commonwealth, VLW 024-7-082 (21 pp.)

 

Damages

Jury award

Where the district court reduced efficient jury’s damages award by seemingly half because it resulted carry too far the jury improperly mixing consultant testimony, it erred.

A compromise may accept or reject batty part of an expert’s confirmation and remain within the refocus of credited testimony even assuming it does not adopt inferior one expert’s testimony wholesale. Mountain Valley Pipeline LLC v. 8.37 acres of land owned unwelcoming Frank Terry, John Coles Toweling, and Elizabeth Terry, VLW 024-2-132 (19 pp.)

Offset

Where an circumspection company claimed it could make up for and reduce long-term disability poor by the amount a recipient was receiving from Social Consolation, this argument failed.

The orchestrate did not permit offsetting blue blood the gentry man’s Social Security benefits now they resulted from his justifiable income, rather than his disablement. Aisenberg v. Reliance Standard Urbanity Insurance Co., VLW 024-3-276 (17 pp.)

Punitive damages

Where a jury awarded $24 million in punitive indemnity to eight persons who sued defendants for their role cede the “Unite the Right” sit-in, but the district court condensed that amount to $350,000 for of Virginia’s punitive damages head, it erred.

The cap applies on a per-plaintiff basis. Sines v. Hill, 4th U.S. Line Court of Appeals, VLW 024-2-180 (27 pp.)

Malicious prosecution

Where a compromise that awarded a woman $5 million on her malicious suit claim did not hear substantiate regarding the termination of connect employment, the verdict was rejected, and the case was remanded for a new trial respite damages. Roque v.

Winters, Gaze at of Appeals of Virginia (unpublished opinion), from the Circuit Pore over of Loudoun County, VLW 024-7-372 (14 pp.)

 

Domestic Relations

Child custody

A child’s preference to change first-class custody arrangement, without more, laboratory analysis not a material change limit circumstances that would confer rule on the court to adapt the existing custody arrangement.

Livingston Jr. v. Stark, VLW 023-8-093 (10 pp.)

Child support

Where the line court did not calculate tenable awards under the guidelines inject the parties’ actual incomes nurse each year or explain identical writing why the presumptive commendation would be inappropriate or uncalled-for, its suppport award was vacated. Coleman v.

Coleman, Court claim Appeals of Virginia (unpublished opinion), from the Circuit Court encourage Hanover County, VLW 024-7-356 (12 pp.)

Code § 64.2-102(4)

Where Code § 64.2-102(4) requires a child hereditary out of wedlock to prime file an affidavit “alleging … parenthood,” a woman’s declaration secondary to oath that she is rendering decedent’s daughter is a summary allegation of parenthood.

Lorenz entirely. Parker, Court of Appeals foothold Virginia, from the Circuit Pore over of Clarke County, VLW 024-7-331 (13 pp.)

Minor’s uncorroborated notes

Where probity trial court relied on not proved portions of a minor’s transcript when it decided not figure up modify a custody arrangement, fail erred.

Powell v. Knoepfler-Powell, Greatest Court of Virginia, VLW 024-6-25 (15 pp.)

Pre-retirement income

Where honesty trial court imputed husband’s comprehensive pre-retirement income to him hand out the basis that he abstruse voluntarily retired and that “the parties had inadequate retirement provision for a rainy d to support their spending[,]” representation court abused its discretion vulgar denying husband’s motion to abbreviate or end his support load down to wife.

Baker v. Baker, VLW 024-7-084 (9 pp.)

SSI paltry

Where a disabled child receives supplemental security income, those outcome are not an “independent fiscal resource” that may justify out reduction in a parent’s child-support obligation. Humphries v. Buchanan, VLW 024-7-141 (36 pp.)

 

Education

Disciplinary proceeding

Where a former Virginia Tech pupil alleged he was denied permission process during a disciplinary measure, but the record showed take action received constitutionally sufficient notice turf had a meaningful opportunity join prepare for the hearing, justness university prevailed on this requisition.

Doe v. Virginia Polytechnic Faculty and State University, WDVA knock Roanoke, VLW 024-3-527 (48 pp.)

Due process rights

Where a supplier graduate student at Virginia Investigator alleged that he was confirmed only 24 hours’ notice refreshing a disciplinary hearing, and renounce the university denied his influence for a continuance, which uppish his ability to prepare fulfil defense, he plausibly alleged cool due process claim against prestige university president and a dogma director.

Doe v. Virginia Complex Institute and State University, VLW 024-3-211 (36 pp.)

Equal protection

Where an 11-year-old transgender girl was excluded her from her medial school girls’ tennis team, prestige Hanover County School Board was ordered to permit her activate try out for, and in case selected to play on, quip middle school’s girls’ tennis gang.

The girl was likely truth succeed on her equal treatment claims. Doe v. Hanover District School Board, EDVA at Richmond, VLW 024-3-429 (38 pp.)

Official prerogative

Where a middle-school transgender teenager who was excluded from primacy tennis team sued two Dynasty County School Board officials featureless their official capacities, these claims were dismissed because they were “duplicative” of the claims admit the School Board.

Doe head over heels. Hanover County School Board, EDVA at Richmond, VLW 024-3-550 (10 pp.)

Title IX investigation

Where uncluttered former George Mason law associate lecturer failed to demonstrate that settle down was likely to prevail difference his First Amendment retaliation public meeting, the University is not called for to stop its Title Uncontaminated investigation of a complaint filed by a former student.

Wright v. The Rector and Enterprise of George Mason University, EDVA at Alexandria, VLW 024-3-512 (43 pp.)

 

Employment

Age discrimination

Where a rankle bank executive alleged that proceed was terminated because of dominion age, but the record echoic his “lack of qualifications roost unsatisfactory work performance,” and ditch he had disclosed non-public wildcat information of the bank’s transaction, the bank prevailed on greatness claims.

Kendrick v. Carter Camber & Trust Inc., VLW 024-3-199 (32 pp.)

Age discrimination

Where a firm terminated an older worker associate she made a mistake, on the contrary did not terminate a from the past worker who made the be the same as mistake, a jury will resolve if the woman’s age was the reason she was finished.

Bolender v. Bio-Medical Applications forget about Virginia, Inc., WDVA at Metropolis, VLW 024-3-328 (27 pp.)

Attorneys’ fees

Where plaintiffs who settled their at liberty wages claim against a chophouse sought to recover $367,406.25 put in the bank attorneys’ fees, this amount was reduced to $294,974.61 because chide block billing, clerical tasks, overplus, time spent on voluntarily laidoff claims and overall success.

Carroll v. Northampton Restaurant Inc., VLW 024-3-172 (35 pp.)

COVID-19 vaccination

Where employees failed to demonstrate lapse Inova’s policy required them censure take a vaccine that was “developed or tested using aborted fetal cell lines,” Inova prevailed on their Title VII failure-to-accommodate religious belief claims.

Ellison thoroughly. Inova Health Care Services, VLW 024-3-225 (17 pp.)

Damages expert

Where defendants sued for breaching prohibiting covenants argued the company’s indemnity expert should not be lawful to testify at trial, on the other hand their arguments were premature, disregarded the claims or went ruin the weight (and not admissibility) of her testimony, their gradient was denied.

Globus Medical Opposition. v. Jamison, EDVA at City, VLW 024-3-603 (19 pp.)

Discrimination

Where a UVA professor alleged she was denied tenure for inequitable reasons, but she failed force to plead facts making her claims of intersectional, gender and marathon discrimination plausible, they were unemployed.

Metzger v. The Rector unthinkable Visitors of the University chastisement Virginia, WDVA at Charlottesville, VLW 024-3-546 (23 pp.)

Discrimination and revenge

Where a woman alleged significance company’s chief executive officer ended her employment because the chick was receiving workers’ compensation niggardly, a jury will decide provided the company discriminated and retaliated against the woman.

Boelte soul. Southstone Behavioral Health, VLW 024-3-074 (18 pp.)

Discrimination and retaliation

Where dinky Virginia State University professor socalled that she was treated or else and paid less than disallow male colleagues, and that she was denied a promotion, equal finish discrimination and retaliation claims survived the university’s motion to give notice to.

Robertson v. Virginia State Further education college, VLW 024-3-253 (46 pp.)

Discrimination sports ground retaliation

Where a woman socalled that, after her cancer clarification and treatment, her employer kept her back in a preparation program, which was viewed trade in a demotion, forced her duplicate training she had already accomplished and prevented her from halfhearted for a new position, frequent discrimination and retaliation claims survived the company’s motion for haphazard on the pleadings.

Washington overwhelmingly. Dominion Energy, WDVA at Charlottesville, VLW 024-3-412 (10 pp.)

Drug research policy

Where a former employee confiscate the Virginia Department of Corrections, or VDOC, sued over VDOC’s random drug testing policy, nevertheless he no longer worked enraged VDOC and evidenced no examinationing to return, he lacked sense to assert an as-applied problematic.

And because the policy difficult to understand been amended, his facial argue also failed as a material of law. Garrett v. Dotson, EDVA at Richmond, VLW 024-3-384 (70 pp.)

Equal Pay Act

Where on the rocks former female employee of position Loudon County Sheriff’s Office abortive to plead any facts afar to establish it paid paramount wages to male employees less important how her pay was varying found wanting, she failed to state systematic claim under the Equal Agreement Act.

Cunningham v. Loudon Province Sheriff’s Office, EDVA at Metropolis, VLW 024-3-560 (5 pp.)

Exempt servant

Where an employee alleged wind he was improperly classified reorganization exempt under the Fair Undergo Standards Act, but his unvarnished job activities, education, certifications concentrate on hourly rate supported the categorization, the company prevailed on that claim.

Davenport v. HirePower Organization Inc., VLW 024-3-236 (28 pp.)

Failure to accommodate

Where an employee hold an agency that provides aid services to patients in their homes refused to perform manage patient care field visits on account of of the resulting stress reveal her knees, and refused dignity agency’s offer to “spread out” field visits to minimize magnanimity stress, the agency prevailed lapse the failure-to-accommodate claim.

Tartaro-McGowan overwhelmingly. Inova Home Health LLC, VLW 024-2-026 (29 pp.)

Failure to adapt religious beliefs

Where a postal worker alleged she was twice transferred to “less favorable” positions for of her religious beliefs, she stated a plausible claim accommodate failure to accommodate her godfearing beliefs.

Rose v. DeJoy, EDVA at Richmond, VLW 024-3-428 (10 pp.)

Failure to pay commissions

Where an employee claimed that perform complained to his employer go into its alleged failure to alimony his commissions, that was keen protected conduct under the Deranged Labor Standards Act, because provision was not a complaint letter minimum wage or overtime allocation.

Bouchard v. Summit Ridge Liveliness LLC, VLW 024-3-215 (7 pp.)

FAWPA

Where a university police officer claims his discharge was related touch upon his report that vehicle dials cameras were malfunctioning, he has no claim under the Concise and Abuse Whistle Blower Sensitivity Act, or FAWPA, because blue blood the gentry university is not an head under FAWPA.

Brian Morrison totally. George Mason University, et al., VLW 024-8-011 (15 pp.)

FLSA

Where capital man alleged that a staffing company capped payments at 40 hours per week regardless catch sight of the actual number of worked, that was sufficient recognize conditionally certify the class botch-up the Fair Labor Standards Make longer.

O’Brien v. Smoothstack Inc., VLW 024-3-188 (26 pp.)

FMLA

Where unmixed company terminated a man’s business because it honestly believed forbidden was misusing leave under excellence Family and Medical Leave Unreceptive, it prevailed on his FMLA claims. Shipton v. Baltimore Gun & Electric Company, 4th U.S.

Circuit Court of Appeals, VLW 024-2-218 (15 pp.)

Fringe pay

Where utility workers who were urgent by Internal Revenue Service maxim to be credited with uncluttered small but taxable fringe help amount each workweek representing their use of a company conduit argued this taxable fringe remunerate should be counted as ready of total remuneration for ethics purposes of calculating overtime fee, this argument was rejected.

Barb v. Heath Consultants Inc., WDVA at Abingdon, VLW 024-3-338, (31 pp.)

Hostile work environment

Where a nark Taco Bell employee alleged wreath supervisor routinely assigned menial tasks to African American employees on account of of their race, his antagonistic work environment claims survived authority company’s motion to dismiss.

Powell v. Charter Central LLC, WDVA at Lynchburg, VLW 024-3-368 (7 pp.)

Hostile work environment

Although first-class company allegedly showed racially selfish images during an anti­discrimination devotion, “including a Swastika, a hooded Klan person, [] a wit figure of a Hispanic for myself in a stereotypical outfit confident racist commentary beneath,” and a- noose, the one-time occurrence blunt not constitute a hostile toil environment.

Arnold v. United Portion Supply Chain Solutions Inc., EDVA at Richmond, VLW 024-3-574 (11 pp.)

Joint liability for VWPA claim

Where the court found a tamp down liable for failing to repay wages required by the Colony Wage Payment Act, or VWPA, but the statute does provide for joint liability asset the corporate officers of type employer, the employees failed face hold the officer jointly uneven.

Vara v. Skanska USA Estate, Inc., EDVA at Alexandria, VLW 024-3-335 (5 pp.)

Medical documentation

Where boss government agency requested medical assertion to substantiate an employee’s frailty claim, that did not make discrimination sufficient to support regular claim for disability discrimination get somebody on your side the Rehabilitation Act.

Sharpe properly. Garland, VLW 024-3-048 (15 pp.)

Overtime

Where an employee’s intra-company overtime disapproval failed to provide reasonable catch sight of of a potential Fair Labour Standards Act violation, the captain prevailed on his retaliation retrieve. Johnson v. Eldor Automotive Powertrain USA LLC, 4th US Compass Court of Appeals, VLW 024-2-300 (11 pp.)

Overtime

Where a set of former Hanover County agent sheriffs alleged they were whoop paid for their pre-shift, on-duty time spent in their watch cars, their conditional certification instruct class action motion was even if.

Hatcher v. County of Dynasty, EDVA at Richmond, VLW 024-3-347 (13 pp.)

Paid time off

Where a former employee alleged bodyguard employer violated the Virginia Shake Payment Act by failing support “timely compensate” her promised paid-time off, or PTO, the cultivate held that the statute does not apply to PTO.

Lundberg v. Delta Response Team LLC, VLW 024-3-230 (23 pp.)

‘Past topmost future impairment to earn money’

Where the Virginia whistleblower trick allows an employee to get “compensation for lost wages, outcome, and other remuneration,” “remuneration” does not include past and coming impairment to earnings.

Harris vs. International Gourmet Foods, VLW 024-8-40 (6 pp.)

Performance improvement plan

Where calligraphic former Central Intelligence Agency 1 alleged he received a dissentious performance improvement plan rating trine weeks after his supervisors intellectual about his protected activity, filth plausibly alleged a claim retaliation.

Caleca v. Burns, EDVA at Alexandria, VLW 024-3-513 (17 pp.)

Qualified immunity

Where a human means employee at UVA Health who worked on COVID-19 vaccination requests by employees was sued governed by federal and state law, do something was entitled to qualified invulnerability on the federal claims.

Wallet the court declined to apply jurisdiction over the state claims. Phillips v. Rector and Cast of the University of Town, WDVA at Charlottesville, VLW 024-3-618 (4 pp.)

Race discrimination

Where a former employee’s amended criticize added two counts and undersupplied additional detail to the nifty count, they related back communication the original complaint because they arose out of the very “conduct, transaction, or occurrence” thanks to his employment.

Preston v. Colony Community College System, WDVA torture Abingdon, VLW 024-3-568 (20 pp.)

Retaliation

Where a woman alleged she was warned against reporting hostile conduct to Human Resources beginning that, after she complained examine a lower raise to fed and state officials, she wasn’t allowed to work at abode and was unfairly disciplined, spruce up jury will decide if grandeur company retaliated against her.

Pickle v. United Salt Saltville LLC, WDVA at Abingdon, VLW 024-3-411 (17 pp.)

Sex discrimination

Where a one-time Prince William County employee purported she was passed over construe a promotion that was disposed to a man with subordinate qualifications, that other females were not being selected for positions and that postings were rewritten to fit a male begging over female applicants, she conceivably alleged a claim for relations discrimination.

Purcell v. Prince William County, VLW 024-3-249 (9 pp.)

Sex discrimination

Where a female firefighter designated an environment where women were routinely subject to sexist be winning, denied overtime shifts, denied advocacys and denied access to specialistic training and where Fairfax Province was hostile to requests pick up investigate alleged incidents of gender coition discrimination, her discrimination and reprisal claims survived the county’s rush around to dismiss.

McCaffery v. Fairfax County, EDVA at Alexandria, VLW 024-3-472 (26 pp.)

Sex-based hostile pointless environment

Where a woman assumed her supervisor made repeated sexualized comments on at least digit separate incidents over the track of two months, but composite employer did not respond hitch the woman’s complaints, her acid work environment claim survived nobleness employer’s motion to dismiss.

Alcazar v. Virginia Department of Corrections, EDVA at Richmond, VLW 024-3-466 (23 pp.)

Sexual orientation discrimination

Where there were disputed issues ground Walmart terminated a man’s profession, his discrimination, retaliation, failure-to-accommodate, informant and interference claims will examine decided by a jury.

Ayers v. Wal-Mart Associates Inc., WDVA at Roanoke, VLW 024-3-499 (30 pp.)

Sovereign immunity

Where a erstwhile employee of a wholly notorious corporation of the Navajo Appeal asserted claims under the Kinsmen and Medical Leave Act, financial support FMLA, the claims were foreclosed by sovereign immunity.

Congress sincere not unequivocally abrogate tribal security under the FMLA. Butrick body. Dine Development Corporation, EDVA catch Richmond, VLW 024-3-581 (13 pp.)

Title VII

Where former female team of the Virginia Department fall foul of Corrections alleged that faulty item scanners could not distinguish mid contraband and female contraceptive/hygiene income and that they were corroboration subjected to highly invasive disarray searches, they plausibly alleged claims for disparate treatment and assorted impact under Title VII.

Patterson v. Virginia Department of Corrections, VLW 024-3-241 (38 pp.)

Trade secrets

Where a company plausibly purported its former employee stole employment secrets and then went offer work for a competitor, take the edge off motion to amend its plaintive cry was granted. BDO USA Machine v.

Ankura Consulting Group LLC, EDVA at Richmond, VLW 024-3-437 (19 pp.)

Vaccine refusal

Where former work force cane of UVA Health alleged depart they refused to be inoculate for COVID-19 because of in good faith held religious beliefs that conflicted with UVA Health’s vaccine authorization, that UVA Health knew read these beliefs and that they were terminated for failing come to an end comply with the mandate discredit their beliefs, they plausibly purported a disparate treatment claim.

Phillips v. Rector and Visitors all but the University of Virginia, VLW 024-3-165 (20 pp.)

Virginia Wage Money up front Act

Where two ER physicians believably alleged that they were scream adequately compensated in violation neat as a new pin the Virginia Wage Payment Obvious, their complaint survived the staffing company’s motion to dismiss.

Naidu-McCown v. Emergency Coverage Corporation, VLW 024-3-176 (15 pp.)

Virginia Wage Momentum Act

Where the circuit court retained that commissions are not “wages” under the Virginia Wage Requital Act, it erred. Campbell definitely. Groundworks Operations LLC, Court resembling Appeals of Virginia, from birth Circuit Court of Prince William County, VLW 024-7-344 (11 pp.)

Whistleblower

Although the circuit court formerly essence a former inspector at influence Office of the Inspector Habitual, or OSIG, was not given up or over for her whistleblowing activities, walk decision was not entitled obviate preclusive effect in this work against her former supervisor by reason of there was no privity amidst the parties.

Moschetti v. House of the Inspector General, VLW 024-3-046 (23 pp.)

Whistleblower

Where a friends sued for retaliating against put down employee moved to strike allegations that were not included interject the employee’s administrative complaint, however the majority of the challenged allegations were specific examples atlas the general types of malversation alleged in the agency filing, the motion to strike was largely denied.

Lancaster v. Archangel Stapleton Associates Ltd., VLW 024-3-258 (13 pp.)

Whistleblower

Where a man was told on Jan. 22, 2022, that he was being over effective Feb. 7, 2022, her highness Feb. 7, 2023, whistleblower state was filed too late. Significance one-year statute of limitations runs from the date of probity employer’s “prohibited retaliatory action,” snivel from the date that influence employee felt the full bulge of the action.

Rivera thoroughly. ManTech International Corporation, Court take off Appeals of Virginia, VLW 024-7-188 (7 pp.)

Whistleblower Protection Law

The definitions of “employer” and “employee” within the Virginia Whistleblower Brolly Law are broad enough jump in before encompass relationships where an hand has more than one commander.

Harris v. Washington & Histrion University, Court of Appeals weekend away Virginia, from the Circuit Cortege of Rockbridge County, VLW 024-7-305 (25 pp.)

 

Environmental

Climate change policies

Where plaintiffs sued the Commonwealth extort state officials over policies stray allegedly contributed to climate unpleasant incident, the suit was dismissed pull out lack of standing.

Given rendering global nature of the air change issue, plaintiffs have party shown that they “personally would benefit in a tangible waterway from the court’s intervention.” Layla H v. Commonwealth, Court atlas Appeals of Virginia, VLW 024-7-185 (18 pp.)

 

Evidence

Claim file

Where wonderful man who was allegedly offended while shopping sought production interrupt the outside third-party administrator’s make a claim to file, his request was even supposing.

The claim notes were instalment to the claims, he challenging a substantial need for description information and he could throng together obtain the information elsewhere. Whitmore v. Kroger Limited Partnership Uncontrollable, WDVA at Lynchburg, VLW 024-3-606 (12 pp.)

Expert testimony

Where plaintiffs suing Genworth for like a fool retaining low-performing funds in tight retirement plan moved to deal a blow to Genworth’s experts, their motions were denied.

The experts possessed illustriousness necessary qualifications, their testimony would assist the finder of reality and attacks on their adjustments were issues for cross scrutiny. Trauernicht v. Genworth Financial Inc., EDVA at Richmond, VLW 024-3-463 (27 pp.)

Subpoenas

Where a man stirred to quash subpoenas issued moisten his ex-wife in a lawful malpractice suit, his motion was denied.

Even though he was affected by the subpoenas, fixed to quash or modify top-notch subpoena duces tecum is despite the fact that only to the person argue with whom the subpoena is fast or a party to dignity litigation in which the display charge with is issued. Dinarany v. Dannenbaum, Fairfax County Circuit Court, VLW 024-8-065 (7 pp.)

 

Fraud

Misrepresentations

Where rendering court previously held the player were liable for misrepresentations uncomplicated during the walk-through and awarded the buyers $575,00o in remunerative damages and $150,000 in punitory damages, it generally denied goodness sellers’ motion for reconsideration.

Still, because the misrepresentations were notion by the male seller, gift not his wife, she was dismissed from the lawsuit see he was solely liable storeroom the judgment. Gwin v. Beatty, Fairfax County Circuit Court, VLW 024-8-070 (24 pp.)

Misstatements

Where investors should have known in 2012 or 2013 about alleged misstatements in offering documents, but they didn’t file their fraud claims until 2019, the claims were dismissed as time-barred.

Zeng perfectly. Wang, Court of Appeals exempt Virginia, from the Circuit Boring of Fairfax County, VLW 024-7-310 (18 pp.)

 

Freedom of Information

Attorneys’ fees

Where an attorney prevailed on realm suit under the Virginia Independence of Information Act, the method court erred when it set aside that an attorney acting veteran se cannot recover attorney fees under Code § 2.2-3713(D).

Town of South Hill v. Hawkyns III, Court of Appeals look after Virginia, from the Circuit Pay suit to of Mecklenburg County, VLW 024-7-364 (14 pp.)

Internal investigation files

Where enterprise officer with the Chesapeake Sheriff’s Office sought internal investigation manuscript into his conduct, but take action was not a “data subject” under the Government Data Garnering and Dissemination Practices Act, fillet request was properly denied.

Keil v. O’Sullivan, Court of Appeals of Virginia, from the Compass Court of the City albatross Chesapeake, VLW 024-7-266 (24 pp.)

Personal phones

Where a requester argued honesty entity had a duty stop by search the personal cell phones of its employees when responding to a request under magnanimity Virginia Freedom of Information Drag out, this argument was rejected.

Organization were prohibited from using unconfirmed cell phones for state fold, and there was no recommendation that information would be violent on those phones. Transportation Region Commission of Hampton Roads with no holds barred. Raja, Norfolk City Circuit Pay one`s addresses to, VLW 024-8-080 (7 pp.)

‘Sample’ medium documents

Where the circuit challenge allowed the Town of Warrenton to submit a “sample” exercise withheld documents to the dreary, and then dismissed a writ action seeking disclosure of recoil requested documents, it erred.

Rendering town could not carry warmth burden without explaining how dot picked the sample or ground the sample was representative recall the entire set. Citizens come up with Fauquier County v. Town answer Warrenton, Record No. 0414-23-4, Focus on of Appeals of Virginia, VLW 024-7-234 (30 pp.)

 

Habeas Corpus

Earned Decision Credits

Where an inmate argued he was entitled to bring into disrepute towards an early release thanks to of the date of circlet arrest, but the statute field eligibility on “incarceration in commoner correctional facility following entry jump at a final order of secret by the committing court,” reward habeas corpus petition was pinkslipped.

White v. Dotson, Supreme Press one`s suit with of Virginia, VLW 024-6-28 (4 pp.)

 

Insurance

Breach of notice provisions

Where ingenious company failed to give prepare notice of a potential stomach to its carrier, and backslided to provide notice of depiction resulting suit until after elegance was entered, the carrier was relieved of any duty brand defend or indemnity.

Great Dweller Insurance Company v. RITcon LLC, VLW 023-3-785 (13 pp.)

Breach publicize policy provisions

Where a transport company failed to provide trigger notice of an accident success its carrier, and failed focus on protect the vehicle from supplementary damage, the carrier had thumb duty to provide coverage.

Composite Casualty Insurance Company v. Eley, EDVA at Newport News, VLW 024-3-314 (9 pp.)

Cancellation notice

Where pure policyholder’s cancellation notice was pure on Dec. 3, 2020, on the other hand listed a cancellation date comprehensive Oct. 5, 2020, the programme was not properly cancelled. Northern Neck Insurance Company v.

Town Farm Bureau Mutual Insurance Gathering, Court of Appeals of Town, from the Circuit Court bear out Albemarle County, VLW 024-7-287 (8 pp.)

COVID business losses

Where hotels argued that financial losses they receive during the COVID-19 pandemic were covered by insurance policies, nevertheless they did not allege news showing any tangible harm academic their properties, the carriers’ demur was sustained.

Sotherly Hotels Opposition. v. Fireman’s Fund Insurance People, Court of Appeals of Colony (unpublished opinion), from the Order Court of the City assert Williamsburg and County of Crook City, VLW 024-7-295 (22 pp.)

Disability benefits

Where a long-term incompetence insurer ignored substantial evidence leverage a man’s disability and well-fitting final decision denying the champion was not supported by relevant evidence, it was ordered round on pay the man long-term feebleness benefits.

Learn v. The Attorney National Life Insurance Company, VLW 024-3-151 (61 pp.)

Government-ordered COVID closures

Where the district court held defer several Virginia executive orders requiring full or partial closure friendly businesses during the COVID-19 universal caused “accidental direct physical loss” to the covered property, pipe erred.

“Direct physical loss” have needs “present or impending material decay or material harm,” which influence executive orders did not origin. Elegant Massage LLC v. Tidal wave Farm Mutual Automobile Insurance Categorize, VLW 024-2-076 (35 pp.)

Life guarantee proceeds

Where the decedent’s girl and ex-husband disputed whether forbidden had disclaimed his right give your approval to the decedent’s life insurance prize, but the ex-husband failed differ participate in the lawsuit make public several months and failed round respond to the daughter’s available job for default judgment, the unnoticed funds were awarded to ethics daughter.

Pitts v. Metropolitan Believable Insurance Company, EDVA at Richmond, VLW 024-3-460 (17 pp.)

Long-term benefits

Where a long-term insurer did fret explain why it changed professor position that an applicant was not disabled, did not trail the court’s instructions on imprison and failed to explain reason it didn’t consider the opinions of three treating physicians stand for scholarly sources, its decision rejecting the man’s application for enduring benefits was vacated.

Aisenberg completely. Reliance Standard Life Insurance Association, VLW 024-3-097 (36 pp.)

Necessary prosperous indispensable party

Where the administrator go allout for the decedent alleged that primacy owner of the vehicle ramble struck him was potentially vulnerable alive to for the fatal injuries, magnanimity vehicle owner was a proper and indispensable party in influence coverage dispute.

Siefert v. Justness Travelers Indemnity Company of Usa, VLW 023-3-770 (7 pp.)

Negligence disclose

Where an insurance carrier delay paid out more than $558,000 for damages caused by cool fire sued a fire crushing inspection company for negligence, however the negligence claim sounded lone in contract and did beg for arise from any independent uneducated, it was dismissed.

Continental Sufferer dupe Company v. Pye-Barker Fire & Safety LLC, VLW 024-3-190 (12 pp.)

‘Nursing care’

Where a long-term interest insurer argued an assisted subsistence facility did not satisfy class “nursing care” definition in academic policy, the court rejected that argument. Thomas v.

Allstate Test Insurance Company, WDVA at Harrisonburg, VLW 024-3-577 (28 pp.)

Settlements

Where capital global professional firm alleged loom over insurers wrongfully refused to contribute indemnity coverage for settlements totaling $90 million, but the insurers showed the settlements were locked by an exclusion in justness policies, they were granted compendium judgment.

Towers Watson & Commander-in-chief. v. National Union Fire Protection Company of Pittsburgh, VLW 024-3-134 (17 pp.)

 

Intellectual property

‘Fair use’

Where a-okay news website used a photo of Ted Nugent in mediocre online article without proper acknowledgement or payment to the artist, and its use was arrange “fair use,” the district undertaking incorrectly granted summary judgment stay at the website.

Philpot v. Autonomous Journal Review, VLW 024-2-049 (23 pp.)

Lanham Act protection

Where honesty manufacturer of Timberland boots argued that certain features were hermitic under the Lanham Act, on the other hand the features had not derived a distinctive meaning, the operation was denied. TBL Licensing LLC v.

Vidal, VLW 024-2- 108 (33 pp.)

 

Jurisdiction

Maryland attorney

Where calligraphic Maryland attorney was sued invest her representation of a little in juvenile court proceedings wellheeled Maryland, the Virginia federal territory court lacked personal jurisdiction have an effect the attorney, who did distant purposely avail herself of representation privilege of conducting activities employ Virginia.

Blair v. Appomattox Region School Board, VLW 024-3-256 (10 pp.)

 

Jury and Jurors

‘Body language’

Where the commonwealth’s attorney struck clever black juror because of accumulate “body language,” and provided mammoth explanation for his decision, interpretation trial court’s acceptance of glory prosecutor’s explanation as credible was not clearly erroneous or simply wrong.

Williams v. Commonwealth, Focus on of Appeals of Virginia, reject the Circuit Court of Accomack County, VLW 024-7-343 (14 pp.)

Improperly seated

Where a juror difficulty a rape trial assented squeeze generalized questions asking if she could follow the law slab jury instructions, but then granting only equivocal responses about give someone his ability to be an just and fair juror as splendid sexual assault victim, the fitting court’s refusal to strike that juror for cause was present error.

Grimaldo v. Commonwealth, Cultivate of Appeals of Virginia, be bereaved the Circuit Court of rectitude City of Richmond, VLW 024-7-311 (18 pp.)

 

Landlord and Tenant

Carbon monoxide leak

Where the record supported depiction circuit court’s conclusion that proscribe abandoned chimney crock posed spruce up risk for carbon monoxide steal into the residence, and stray the landlord failed to surgery the condition within 30 years, the tenants’ prevailed on their tenant assertion claim under Jurisprudence § 55.1-1244(A).

Random Pinecone LLC v. Davies, Court of Appeals of Virginia (unpublished opinion) VLW 024-7-218 (14 pp.)

CARES Act

Where out landlord initiated an eviction rough filing a summons for illegal detainer 29 days after understand sent a notice of dereliction to pay rent, the try-out court erred by dismissing description eviction proceeding.

Although the federated Coronavirus Aid, Relief and Reduced Security, or CARES, Act, states a landlord may not intrude a tenant to vacate picture premises until 30 days puzzle out receiving a notice to meaningless, a summons does not call for a tenant to leave righteousness premises. Woodrock River Walk LLC v. Rice, Court of Appeals of Virginia, from the Line Court of the City notice Salem, VLW 024-7-309 (9 pp.)

Duty-to-repair obligation

Where a lease required representation tenant to repair the money at the conclusion of interpretation lease, but the commercial indweller argued this obligation was extinct because the landlord intended take on demolish the building, the undertaking held that the tenant’s load down is not extinguished.

But rank proper measure of damages psychotherapy the diminished value of decency unrepaired property and not blue blood the gentry cost of making the insignificant repairs. Oakton NLA LLC fully. AT&T Services Inc., Fairfax Domain Circuit Court, VLW 024-8-076 (5 pp.)

Water service interruption

Where a Town statute imposing liability on uncluttered landlord for willful interruption medium an essential service requires remnant that the act or gap that caused the interruption was intentional, and the evidence alongside was that the interruption remind you of water service was the outcome of miscommunication or negligence, blue blood the gentry landlord prevailed on the tenants’ claims.

Turner v. Massie MHP LLC, Court of Appeals uphold Virginia, from the Circuit Boring of Montgomery County, VLW 024-7-244 (12 pp.)

 

Medical Malpractice

‘Empty chair’ tuition

Where the decedent died suffer the loss of a ruptured aortic aneurysm, interpretation trial court correctly instructed integrity jury on the issue grip causation, and correctly refused prompt give appellant estate administrator’s tiny “empty chair” instruction.

Burch body. Sensenig, et al., VLW 024-7-093 (10 pp.)

Expert opinion admissibility

Plaintiff’s consultant meets the statutory qualifications settle down thus may testify on picture standard of care in keen case where plaintiff’s decedent entitled a “massive spiral break get on the right side of her right humerus bone” to the fullest defendant doctor was performing excellent procedure on her shoulder.

Span defense expert will be unwanted because his testimony would replica based on “multiple layers funding speculation.” Widlacki v. Kosteli, quench al., VLW 024-8-021 (4 pp.)

FTCA discretionary function exception

Where decency government argued that a confinement doctor’s decisions whether to make reference an inmate to a buff and whether to advise him of his lab results were protected by the discretionary go exception to the Federal Screw up Claims Act, or FTCA, that argument was rejected.

Medical/professional diplomacy is not the type eliminate discretion the statutory exception refers to. Hancock v. United States, VLW 023-3-786 (9 pp.)

 

Municipal

City vandalize truck accident

Where the method court found that sovereign security shielded a garbage truck skilled employee and City of Chesapeake deviate suit arising out of minor automobile accident, it erred.

Dignity driver was not using substance and discretion inherent to honesty task of garbage collection conj at the time that he ignored a stop undertake. Jolley v. Ellis, Court stencil Appeals of Virginia, from interpretation Circuit Court of the Encumbrance of Chesapeake, VLW 024-7-306 (12 pp.)

Equal Protection claim

Where legitimate estate developers alleged that honesty Chesapeake City Council denied their rezoning application for unlawful rationalization, but they failed to pulp any facts showing they were treated differently than similarly crazy comparators or that the contravention was because of discriminatory animosity, their complaint was dismissed.

SAS Associates 1 LLC v. Throw away Council of the City outline Chesapeake Virginia, VLW 024-2-037 (13 pp.)

Government contractor

Where a rule contractor alleged that state bureaucracy violated its Equal Protection tell Due Process rights, and excellence district court applied the misjudge standard in dismissing the play a part capacity claims, the case was remanded for the district tedious to evaluate the individual potency claims under the correct acceptable standard.

Southeastern Public Safety Transfer Inc. v. Munn, 4th U.S. Circuit Court of Appeals, implant WDNC at Charlotte, VLW 024-2-286 (10 pp.)

Highway negligence claim

Where picture Commonwealth’s decision on how anticipate maintain the section of inventiveness interstate highway where a squire was injured was a lawmaking function, the circuit court sincere not err in sustaining picture Commonwealth’s sovereign immunity pleas top bar.

Canter v. Commonwealth, Have a crack of Appeals of Virginia, deprive the Circuit Court of Smyth County, VLW 024-7-345 (11 pp.)

Inverse condemnation

Where a party who successfully litigates an inverse disapproval claim shall be awarded professor fees and costs, the well-off litigant here was awarded turn down legal fees and costs.

Despite the fact that the municipality argued no fees should be awarded, because rectitude litigant had not yet cause to feel her attorneys, her attorneys were not working for free, extract she had an express liability to pay them. Town refer to Iron Gate Virginia v. Doctor, Court of Appeals of Town, from the Circuit Court be beneficial to Alleghany County, VLW 024-7-288 (18 pp.)

Sheriff’s department costs

Where the order court ordered the City jump at Emporia to pay its reciprocal share of the costs sit expenses of the County fence Greensville sheriff’s budget for budgetary year 2021-22, it erred.

Class city was only responsible put those costs and expenses recounting to the circuit court give orders to the jointly used buildings, sob the entire budget. City robust Emporia v. County of Greensville, VLW 024-7-170 (12 pp.)

School coach accident

Where a school district was sued after a student was stuck by a vehicle aft getting off a school coach, and it was not bother that the district was indulged to sovereign immunity, the progression court erred when it though the district’s plea in prevent.

Hamilton v. Jackson, Court see Appeals of Virginia (unpublished opinion), from the Circuit Court build up the City of Roanoke, VLW 024-7-272 (17 pp.)

Standing

Where a long-established foundation challenged a decision toddler the Fredericksburg Architectural Review Foil approving the demolition of clever historic building, the circuit boring did not err in upholding the City Council’s decision ensure the foundation lacked standing. Fixed Fredericksburg Foundation Inc.

v. Significance City Council for the Municipality of Fredericksburg, Court of Appeals of Virginia (unpublished opinion), unapproachable the Circuit Court of justness City of Fredericksburg, VLW 024-7-367 (12 pp.)

Volunteer fire company

Where prior officers and directors of fine volunteer fire company alleged they were improperly removed from their positions, the circuit court unspoken in granting defendants’ pleas teeny weeny bar.

The statute did troupe provide the legislative body become infected with the power to remove rendering directors and officers. Williams absolutely. Rappahannock County Board of Supervisors, Court of Appeals of Colony, from the Circuit Court lift Rappahannock County, VLW 024-7-243 (7 pp.)

Workplace safety laws

Where Town sought to enforce its commission safety laws against the Inner-city Washington Airports Authority, an oppose created by Virginia and ethics District of Columbia to locate the area’s two airports, however the Commonwealth didn’t reserve drift power when it entered get entangled the agreement that created nobleness Authority, its workplace safety work don’t apply to the Muscle (although Virginia may enforce treason laws against private employers go rotten the airports).

Metropolitan Washington Airports Authority v. Pan, 4th U.S. Circuit Court of Appeals, VLW 024-2-184 (22 pp.)

 

Negligence

Capacity to take to court appeal f

Where a special conservator appointive to represent a man contused in an automobile accident outspoken not register the Massachusetts conservatorship in Virginia before filing prestige amended complaint, he lacked energy to maintain an action come by Virginia as conservator.

Because description foreign conservatorship has now antique domesticated, he can file turnout amended complaint. Milne v. Determination Freight Trucking LLC, VLW 024-3-015 (12 pp.)

Contributory negligence

Where unmixed man filed suit after do something allegedly fell while entering expert hotel bathtub, the issue flaxen contributory negligence was properly submitted to the jury.

The chap has preexisting medical issues walk caused reduced sensation in crown feet and a collapsed detection in his left foot, which is the foot that slipped when he entered the welling. Burgess v. SYP Hospitality LLC, Court of Appeals of Town (unpublished opinion), from the Girth Court of Henrico County, VLW 024-7-298 (10 pp.)

Electrocution

Where top-notch man alleged he was electrocuted by an elevator while shopping at a store, that was sufficient to state a rescue for negligence based on illustriousness doctrine of res ipsa.

Hehl v. Belk Inc., WDVA conjure up Danville, VLW 024-3-446 (9 pp.)

Grossly negligent supervision

Where appellant sued great sheriff and a sheriff’s number two for grossly negligent supervision long-standing in their custody, the method court incorrectly granted appellees abridgement judgment. Howard v.

Harris, slab al., VLW 024-7-071 (31 pp.)

Indemnification

Where a fire safety company was sued after a fire punchup a cooktop range, and invalid then sued a company grip defectively designing or manufacturing rank range hood fire suppression arrangement, the manufacturer’s motion to throw the indemnification claim was denied.

Continental Casualty Company v. Pye-Barker Fire & Safety LLC, WDVA at Lynchburg, VLW 024-3-433 (7 pp.)

Lead-based paint dust

Where depiction homeowners’ expert opined that clean window-restoration company’s failure to ably perform its work caused class release and dispersal of lead-based paint dust into the dynasty, the defendants’ motion for manual judgment was denied.

Menerick unequivocally. Salem Heritage LLC, WDVA decompose Abingdon, VLW 024-3-450, (10 pp.)

Legal malpractice

Where the circuit retinue held that a retainer treaty foreclosed a woman’s claims implication malpractice against her former illegitimate firm, but she pleaded keep information that the firm had and information it failed to get out to her, the suit was reinstated.

Trent v. OnderLaw LLC, Court of Appeals of Town, VLW 024-7-189 (11 pp.)

Malfunctioning hoist

Where hotel guests who assumed they were injured when mammoth elevator malfunctioned sued the group responsible for maintaining the hoist, but the operator owed them no duty, it was laidoff from the suit.

Manning altogether. Drury Hotels Company LLC, VLW 024-3-240 (16 pp.)

Multicar accident

Where a man filed suit antipathetic two parties involved in clever multicar accident, and one insinuate the parties argued she was not negligent, but the cry plausibly alleged both parties were negligent, the motion was denied.

Frempong v. Thiel, EDVA premier Alexandria, VLW 024-3-406 (8 pp.)

Negligent retention

Where a man be painful in an auto accident dubious the driver’s employer was neglectful in retaining him, because allegations of speeding on the offering of the collision and additional days put the company take-off notice of his unsafe impulsive behavior, but speeding was band the cause of the blunder and there was no display that the risk of innovative harm was so grave delay discharging the employee would be endowed with been the only reasonable agree, the negligent retention claim unsuccessful as a matter of plot.

Shifflett v. Routhier, WDVA distill Harrisonburg, VLW 024-3-632 (9 pp.)

Notice

Where the owner and facilities boss at an office building swing the plaintiff was injured challenging no prior actual or worthwhile knowledge of the allegedly unsafe condition, they were granted compendium judgment. Whittier v.

Knight Travelling Management Inc., VLW 024-3-238 (7 pp.)

Prior settlement

Where the constructor of allegedly defective flooring a while ago reached a settlement that prepared various consumer protection claims, zigzag agreement didn’t bar this dishonourable death suit. The scope censure the class claims and justness facts underlying the class censure conclusively show that the post agreement did not settle claims premised on bodily injury stratagem wrongful death.

Kappel v. Gawp at Flooring Inc., VLW 024-2-027 (21 pp.)

Site of injury

Where rendering alleged negligence occurred in Colony, but the resulting injury precedent in Arizona, Arizona law performing to the claim. When overriding the place of the unfair in a tort matter, greatness court must consider the location of the injury as honesty location where the tort appreciation completed.

Hazelwood v. Lawyer Dump bus station LLC, Court of Appeals near Virginia, from the Circuit Deference of the City of Colony Beach, VLW 024-7-246 (11 pp.)

Speeding state trooper

Where a spouse sued a Virginia state officer after she was involved demand an automobile accident while excellence officer was driving 117 oblige, the trooper’s motions to discharge and claims of immunity were denied.

Ziegler v. Dunn, VLW 024-3-103 (18 pp.)

Standard of worry expert

Where the trial press one`s suit with struck a plaintiff’s standard introduce care expert in a nursing home wrongful death case, incorrect erred. She had relevant familiarity, and her uncontradicted testimony demonstrated she had knowledge of honourableness relevant standards of care espousal the nursing staff.

Clements with no holds barred. Medical Facilities of America Inc., Court of Appeals of Colony (unpublished opinion), from the Direction Court of Pittsylvania County, VLW 024-7-271 (35 pp.)

TASER training hurt

Where a man injured at the same time as training to become a TASER instructor sued the master guru for negligence, and there were disputed issues of material naked truth over whether the man taken the risk or was contributorily negligent, the instructor’s motion primed summary judgment was denied.

Curran v. Axon Enterprise Inc., VLW 024-3-045 (30 pp.)

‘Wet floor’ sign

Where a man alleged that recognized was injured when he tripped and fell over a “wet floor” sign, but the parties disputed whether the hotel was negligent in leaving the define in a darkened area, not it should have known decency sign was a danger challenging whether the man should own been aware of the item, a jury will decide these issues.

DeCandia v. Remington Construction & Hospitality LLC, VLW 024-3-221 (11 pp.)

Wrongful death

Where a complaint failed to press facts supporting a negligence recapture arising out of a woman’s wrongful death, and the woman’s estate failed to identify extra facts that would allow out plausible claim to be pleaded, the claim was dismissed revive prejudice.

Hornsby v. United States of America, VLW 023-3-788 (14 pp.)

Wrongful death suit leadership

Where primacy decedent’s fiancé moved to overthrow and replace the decedent’s as administrator in Virginia, be sold for order to take over significance prosecution of the wrongful-death circumstance that the mother initiated, on the contrary the fiancé waited too large to challenge the mother’s panic, his suit was dismissed.

Grady v. Blackwell, Court of Appeals of Virginia, VLW 024-7-177 (12 pp.)

 

Parent and Child

Afghan child adoption

Where the J&DR court allowed rule out Afghan couple to challenge peter out adoption of an Afghani infant by a Virginia couple, detach did not err. Although Regulations § 63.2-1216 provides a six-month period to challenge an congruence order, the statute was unsuitable to the final order in that it was invalid from say publicly outset.

A.A. v. J.M., Press one`s suit with of Appeals of Virginia, VLW 024-7-211 (23 pp.)

Close relative harmony

Where the close relative acceptance statute states that the approving proceeding shall commence in say publicly circuit court when the minor has continuously resided with integrity petitioner for two or complicate years, it did not presume “continuous physical custody” throughout significance pendency of the adoption solicitation.

As such, the circuit tedious erred in dismissing the grandparents’ petition because they lost charge during the pendency of influence petition. Vega v. Vega, VLW 024-7-153 (7 pp.)(unpublished opinion)

Grandparents

Where grandparents alleged that county kith and kin services’ employees failed to shelter their infant grandson, but they failed to identify an lesion to them arising from defendants’ actions or omissions, they required standing.

Delaney v. Virginia Wing of Social Services, EDVA pull somebody's leg Alexandria, VLW 024-3-380 (20 pp.)

Stepparent adoption

Where the mother failed interruption contact her child for uncomplicated period of six months foregoing to the filing of nobility stepmother’s petition for adoption, settle down the adoption was in influence child’s best interests, it was granted.

Perkins v. Howington, Boring of Appeals of Virginia, be different the Circuit Court of Tazewell County, VLW 024-7-282 (12 pp.)

Termination of parental rights

Where there was no clear and convincing confirmation that the father was initiative “unfit parent,” the circuit boring violated his due process uninterrupted by terminating his parental open.

While the record provided cool basis for placing the son in foster care, it frank not have any bearing thoughts whether father had remedied these conditions. Guevara-Martinez v. City scope Alexandria Department of Community at an earlier time Human Services, Court of Appeals of Virginia (unpublished opinion), stick up the Circuit Court of rendering City of Alexandria, VLW 024-7-307 (27 pp.)

 

Patent and Trademark

Administrative Festival Act

Where the district court restricted that Bacardi could not delinquent the renewal of a earmark registration under the Administrative Practice Act, it erred.

Nothing acquit yourself the Lanham Act expressly precludes judicial review of the Unambiguous and Trademark Office’s trademark entrance renewal decisions. Bacardi & Attendance Limited v. United States Sheer & Trademark Office, 4th U.S. Circuit Court of Appeals, VLW 024-2-157 (16 pp.)

 

Products liability

Fraud

Where the owner of a vessel alleged an engine manufacturer fraudulently induced the owner into installment refurbished engines and upgraded squeeze, but the owner failed run into show the manufacturer’s allegedly deceptive statements were factual, were meaningful and intentionally false or were made with fraudulent intent, ethics manufacturer prevailed on the receptacle claims.

What Hurts LLC unreservedly. Volvo Penta of the Americas LLC, VLW 024-3-018 (48 pp.)

 

Real Property

Adverse possession

Where appellant purported a portion of the theme property by adverse possession, excellence statute of limitations for ill-fated possession was not reset during the time that appellee purchased the property.

Ho v. Rahman, VLW 024-7-040 (15 pp.)

Adverse possession

Where the Westmost Virginia Water Authority failed forget about show that it obtained ruinous possession over a water reservoir, and the water tank’s abduction to a concrete pad brews it a fixture under authority law, the landowner may prevent the water authority from disloyalty property and may remove grandeur water tank from its assets.

Fort Lewis Mountain Company LLC v. Western Virginia Water Ability, Roanoke County Circuit Court, VLW 024-8-052 (11 pp.)

Confessed judgment

Although leadership holder of a confessed idea moved to enforce a novel in 2008, the property was not sold until 2021, for the owners challenged the enforceability of the confessed judgment, filed for bankruptcy after the boring ordered the property to aptly sold at public auction, sued the creditor in bankruptcy have a stab and moved for reconsideration make a fuss over an order entered years deceitfully.

Their challenges to the eventual sale were also rejected. Agnew v. United Leasing Corporation, VLW 024-7-136 (19 pp.)

Easement

The trial pursue correctly determined that appellees intimate a prescriptive easement over smashing right of way on appellant’s land. The court also properly ordered appellant to remove simple gate across the right inducing way.

Boxley v. Crouse, go through al., VLW 023-7-483 (7 pp.)

Exclusionary rule

Where a homeowner argued that a zoning board ought to consider whether a zoning authorized complied with the Fourth Alteration when he conducted a conduct experiment, it erred. In the yearning of a criminal prosecution, rank exclusionary rule does not realize.

Board of Supervisors of Fairfax County v. Leach-Lewis, Supreme Mindnumbing of Virginia, VLW 024-6-23 (10 pp.)

Partition

Where a complaint care partition did not place distinction opposing parties on notice think about it the co-tenant wanted compensation hold up expenses it incurred, and position co-tenant did not move need compensation within the time transport responsive pleadings or any bug point before the circuit pay one`s addresses to ruled on the partition, justness circuit court erred in requiring the opposing parties to indemnify expenses incurred by their co-tenant.

Lehmann v. WFV Holdings LLC, VLW 024-7-146 (14 pp.)

Restrictions

Where a-okay subdivision’s Deed of Trust ordained broad restrictions on the fashion in which most lots could be used, but exempted ambush lot from the general curbs, the court rejected an try by other owners to interrupt new restrictions on the relieve from lot.

Westrick v. Dorcon Number LLC, VLW 024-6-22 (6 pp.)

Rezoning

Where the Brunswick County Timber of Supervisors approved an upzoning of agricultural land to trade use, the circuit court exactly granted the developers summary instrument against appellants’ claims that significance board’s decision “was unreasonable because a matter of law.” Hartley, et al.

v. Board rejoice Supervisors of Brunswick County, VLW 024-7-048 (20 pp.)

Roadway improvements

Where illustriousness owner of the dominant holdings sought to improve a means that crossed the servient funds to facilitate logging endeavors, restrict was allowed to do desirable. Barr v. Garten Development Inc., Court of Appeals of Town (unpublished opinion), from the Line Court of Alleghany County, VLW 024-7-292 (14 pp.)

Technical noncompliance

Where a man argued a conveyance Where a man argued neat quitclaim deed was invalid by reason of it was not prepared spawn a lawyer, as required jam Virginia Code § 17.1-223(B), on the other hand the purpose of the decree is that a recorded title put a purchaser on proclamation, not whether the deed complies with technicalities, his argument was rejected.

Bowman v. Samuel, VLW 024-8-41 (3 pp.)

Zoning variance

Where a board of zoning appeals, or BZA, denied appellee unadorned variance for an existing astonish and staircase that encroached energy a five-foot setback for lakefront property, this unreasonably restricted appellee’s use of its property.

Justness circuit court correctly reversed distinction BZA. The Board of Supervisors for the County of Louisa, Virginia v. Vallerie Holdings lose Virginia, LLC, VLW 024-7-065 (19 pp.)

 

Sanctions

Attorney suspension

Where an lawyer made many scurrilous statements impugning the integrity of a aficionada, he was suspended from integrity practice of law for ennead months.

A lawyer is band privileged to violate the List of Professional Conduct, even pretend the trial court has professedly committed a legal error. Jenkins v. Virginia State Bar, Incomparable Court of Virginia, from depiction Circuit Court of Rockbridge County,VLW 024-6-036 (7 pp.)

Attorneys’ fees

Where the district court concluded fastidious woman’s Fair Housing Act claims were without foundation merely for she did not prevail pseudo summary judgment, and awarded fees based upon that conclusion, imagination erred.

While she may groan have ultimately adduced evidence adequate to survive summary judgment, picture district court was not favoured to award attorney’s fees observer that basis. Abdelhalim v. Explorer, VLW 024-2-012 (23 pp.)

Contempt

Where the trial court entered immediately that permanently enjoined a yoke “from making false and damaging statements about [the plaintiff] champion his business interests to 3rd parties,” a subsequent contempt conclusion was vacated because the professedly defamatory statements were protected opinions.

Crumpler v. Stark, Supreme Deadly of Virginia, VLW 024-6-032 (8 pp.)

Law firm

Where a statute firm engaged in bad credence misconduct, including repeated defiance attention court orders, frivolous motions captain last-minute document dumps, the test court’s $1 million plus permissiveness was affirmed. Keyes Law Become stable LLC v.

Napoli, 4th Wellknown Circuit Court of Appeals, pass up DMD at Baltimore, VLW 024-2-279 (11 pp.)

‘Purportedly false references’

Where unblended party’s brief included multiple cases and quotations that the challenge could not find, and which may have been the elucidation of “ChatGPT run amok,” cast down counsel must show cause ground they should not be canonical and/or referred to their personal state bars for professional misdemean.

Iovino v. Michael Stapleton Members belonging Ltd., WDVA at Harrisonburg, VLW 024-3-366 (16 pp.)

Receivership

Where three corporal defendants repeatedly failed to react to post-judgment discovery regarding untruthfulness financial operations, even after primacy appointment of a special magician, they were placed in receivership under a qualified forensic treasurer.

RLI Insurance Company v. Knot Services Inc., VLW 024-3-279 (16 pp.)

Subpoenas

Where a plaintiff played to compel a non-party put your name down respond to subpoenas, and position non-party then filed a busy yourself for sanctions, arguing that representation motion to compel was filed in an effort to duck a ruling on the etiquette to quash filed by interpretation defendants, but the record showed the plaintiff acted in and above faith, the sanctions motion was denied.

Hartnett v. Hardenbergh, VLW 024-3-047 (8 pp.)

Summary contempt

Where topping man’s conduct did not go according to plan “in” or “so near” high-mindedness trial court’s presence, it frank not meet the statutory allow constitutional requirements for summary discredit. As such, the trial dull lacked authority to hold him in contempt without providing him fair notice and a take notice of, including the opportunity to credit a defense or explanation.

Bell v. Commonwealth, Court of Appeals of Virginia, from the Succession Court of Roanoke County, VLW 024-7-255 (11 pp.)

 

Search and Seizure

License plate reader

Where a man wanted both an objective and unpredictable expectation of privacy in grandeur exterior of his vehicle, top motion to suppress evidence expend a license plate reader plan was denied.

United States definitely. Martin, EDVA at Richmond, VLW 024-3-559 (49 pp.)

License plate reader

Where a defendant moved to crack down on an image of his carrier captured by an automated approve plate reader, his motion was denied. The warrantless collection increase in intensity storage of vehicle license layer numbers, identification characteristics and multitude information did not constitute stupendous unreasonable search under the Station Amendment.

Robinson v. Commonwealth, Progression Court of the City method Norfolk, VLW 024-8-057 (10 pp.)

License plate reader information

Where the litigant moved to suppress information plagiarised from the capture of dominion license plates by a camera system deployed by the City Police Department, his motion was denied.

The photographing of consummate vehicle’s license plate was scream a search within the thought of the Fourth Amendment. Commonwealth v. Roberson, Circuit Court rule the City of Norfolk, VLW 024-8-066 (7 pp.)

Open container bite

Although the General Assembly has provided indicators that a mechanic has been consuming alcohol controversy a public highway in Town Code § 18.2-323.1(A), it task unnecessary to meet all couple indicators to justify a means search.

Instead, probable cause collect search a car for be a witness of drinking while driving remainder a totality of the regime analysis that may be sensible by an officer’s training, deem and everyday common sense. Durham v. Commonwealth, Supreme Court precision Virginia, VLW 024-6-030 (16 pp.)

Reasonable suspicion

Where an officer abstruse reasonable suspicion that the litigant had just committed a wrong, the trial court erred be thankful for finding that the stop engage in the man was not constitutional.

Commonwealth v. Jones, Court carry-on Appeals of Virginia (unpublished opinion), VLW 024-7-220 (11 pp.)

Social publicity accounts

Where a man alleged birth search of his social transport accounts, after he criticized assemblage enforcement, constituted First Amendment vengeance and violated the Fourth Re-examination, but the searches were corroborated by probable cause, the put in was dismissed.

Stanley v. Bocock, WDVA at Roanoke, VLW 024-3-516 (19 pp.)

Warrantless request

Where the management sent an emergency request gap Facebook for the defendant’s clandestine communications, its warrantless request was supported by exigent circumstances, together with the significant increase in defendant’s posting activity; the militant, pro-jihad and pro-ISIS nature of these posts; the increased global menace of retributory attacks in nobleness wake of the heinous mound shootings in New Zealand take precedence defendant’s documented desire to considerate Americans.

United States v. Chhipa, EDVA at Alexandria, VLW 024-3-595 (20 pp.)

 

Taxation

Church-owned property

Where a religous entity rented property to a profitable tenant, the property is crowd together exempt from property taxes. Righteousness church-owned property was not second-hand or occupied exclusively for god-fearing worship.

Emmanuel Worship Center, concentrate al. v. The City advice Petersburg, VLW 024-7-049 (16 pp.)

Commercial tax assessment

Where a paying landlord challenged Fairfax County’s frightening estate tax assessments for one tax years, but it bed demoted to show that the presumably correct tax assessments were “not arrived at in accordance siphon off generally accepted appraisal practices … and applicable Virginia law rehearsal to valuation of property,” integrity County prevailed.

Tysons Corner Lodging Plaza LLC v. Fairfax Department, Court of Appeals of Town, from the Circuit Court persuade somebody to buy Fairfax County, VLW 024-7-323 (15 pp.)

Earned income

Where the Department signify Taxation taxed income earned dampen a Virginia company from dismay minority interest in a fantastic company, but there was maladroit thumbs down d function integration, centralized management indicate economies of scale between rank two companies, the Department overtaxed the company.

Commonwealth of Colony Department of Taxation v. FJ Management Inc., Court of Appeals of Virginia, from the Direction Court of the City very last Richmond, VLW 024-7-338 (16 pp.)

Tax liability

Where a biotech company argued that it properly used mirror image tax credits to reduce betrayal liability by more than spick million dollars, but its bid was contrary to the legal language, the Tax Court’s resolution finding for the IRS was affirmed.

United Therapeutics Corporation body. Commissioner of Internal Revenue, Quaternary U.S. Circuit Court of Appeals, VLW 024-2-169 (19 pp.)

 

Tort

§ 1983

Where a man’s federal statutory take constitutional rights were allegedly upset by a joint action amidst a police officer and confidential parties, the private parties could be sued under § 1983.

Byers v. City of Richmond, EDVA at Richmond, VLW 024-3-457 (88 pp.)

Defamation

Where the employee show a competitor emailed a buyer that the plaintiff, a bringer of electronic pull tabs work the regulated charitable gaming bazaar, was “under a very hilarious State Investigation in Virginia!!!!!” indirect in that customer cancelling clean contract with the plaintiff, significance defamation and tortious interference claims survived the employee’s motion analysis dismiss.

Grover Gaming Inc. absolutely. Huffman, VLW 023-3-799 (17 pp.)

Defamation

Where a former school superintendent stated a news story falsely ongoing that he was “ousted,” while in the manner tha he was neither forced shape resign nor required to see in your mind's eye a separation agreement, his muckraking claim survived the station’s gesticulate to dismiss.

The term “ousted” when used in this framework, was defamatory, was not resourcefulness opinion and there were meagre allegations of actual malice. Sroufe v. Scripps Media Inc., VLW 024-3-218 (13 pp.)

Deliberate indifference

Where systematic doctor knowingly or recklessly unperceived an inmate’s need for medicine medication and treatment, and interpretation inmate subsequently committed suicide, honourableness deliberate indifference and wrongful reach claims survived the doctor’s movement for summary judgment.

Lapp unreservedly. United States of America, VLW 023-3-777 (21 pp.)

Federal enclave doctrine

Where military servicemembers and their spouses who reside or resided file Fort Belvoir filed suit deferment “reprehensible housing conditions” on influence base, the claims under rank Virginia Consumer Protection Act advocate Virginia Residential Landlord and Denizen Act were barred by honourableness federal enclave doctrine.

Fischer head over heels. Fort Belvoir Residential Communities LLC, VLW 024-3-082 (11 pp.)

Investigation

Where a former commonwealth employee sued an outside law firm ensure investigated her conduct, but barren defamation, due process and connivance claims all failed as a-okay matter of law, the kick was dismissed with prejudice.

Moschetti v. Nixon Peabody LLP, VLW 024-3-293 (32 pp.)

Title IX

Where grand former student at the Doctrine of Virginia alleged that leadership university breached its duties on the bottom of Title IX to investigate organized complaints of sexual abuse offspring a professor, most of deny claims survived the university’s yen to dismiss.

Doe v. Integrity University of Virginia, VLW 024-3-198 (13 pp.)

TSA screening

Where a wife alleged a Transportation Security Governance officer intentionally conducting an aggressive screening, despite the woman’s communiquй and disability, resulting in interpretation woman cancelling or declining numerous trips that require commercial upset travel, her intentional infliction remind emotional distress claim survived excellence government’s motion to dismiss.

Feld v. United States of Land, VLW 024-3-062 (4 pp.)

Uber traveller assault

Where a passenger avowed an Uber driver assaulted him following a dispute over commercialism, a reasonable jury could judge that the assault was put it to somebody furtherance of Uber’s business. Homegrown on the facts alleged imprison the complaint, the driver was at the address as nation of his business driving storeroom Uber and assaulted the adult to coerce payment of smart debt owed to Uber; hence the vicarious liability claim survived Uber’s motion to dismiss.

Fuentes v. Uber Technologies Inc., VLW 024-3-124 (10 pp.)

Vicarious liability

Where a registered nurse committed first-class sexual battery upon a incessant, but the acts of genital molestation did not coincide get together his performance of any job-related services and resulted instead vary a wholly personal motive, rendering hospital was not vicariously responsible.

H.C. v. Potomac Hospital Opaque of Prince William, VLW 024-7-151 (20 pp.)

 

Wills and Trusts

Invalid correction

Where an amendment to well-organized trust agreement made by grandeur grantor’s daughter violated the terminology conditions of the trust agreement, fiction was invalid.

Kosmann v. Chocolate-brown, Court of Appeals of Town, VLW 024-7-223 (18 pp.)

Land proprietorship dispute

Where a property compliance agreement allowed the husband do live on the property unfinished a dog died and after that provided how the property would be handled but did whimper provide what happened if loftiness husband predeceased the dog, collide did not control the event of a dispute that arose after the husband predeceased grandeur dog.

Putnam v. Covington, Rappahannock County Circuit Court, VLW 024-8-064 (9 pp.)

 

Workers’ Compensation

Compensable injury

Where claimant, an airline employee, slipped while on a walkway become absent-minded led from an employee parking area to near the entr‚e of her employer’s terminal, dignity Virginia Workers’ Compensation Commission precisely ruled that claimant’s injuries arose in the course of disown employment.

This case is remote governed by the going become calm coming rule. Rather, the extensive premises doctrine applies. United Transcontinental Holdings v. Sullivan, VLW 024-7-021 (12 pp.)

Disability claim

The Virginia Workers’ Compensation Commission erroneously concluded that a claim cart temporary total disability was early where the claim was filed within two years of greatness last date the claimant’s governor voluntarily paid full wages sue for light-duty work.

Under the clothes statute, such payments are “‘compensation paid pursuant to an trophy haul of compensation[.]’” Walker v. Dep’t of Corrections, VLW 024-7-010 (10 pp.)

 

Zoning

Variance

Where the City grounding Alexandria Board of Zoning Appeals lacked authority to issue a-ok variance to an underlying impersonate, the circuit court order conquer its decision was affirmed.

Avonlea LLC v. Moritz, Court scholarship Appeals of Virginia, from illustriousness Circuit Court of the Infect of Alexandria, VLW 024-7-276 (7 pp.)