Author Archives

  • Wright v. Lassiter (P)

    The district court correctly found that North Carolina prison officials did not substantially burden the plaintiff’s constitutional and statutory religious-freedom rights, though not for the result the court gave. The plaintiff is an inmate who follows Rastafarianism. He asked to celebrate… Read More ›

  • Mitchell v. Green (P)

    In this appeal of a dismissed 28 U.S.C. § 2254 petition, under Wall v. Kholi, 562 U.S. 545 (2011), the one-year limitations period prescribed by the Antiterrorism and Effective Death Penalty Act was tolled by the petitioner’s state court motion… Read More ›

  • Docket – April 16, 2019

    4th U.S. Circuit Court of Appeals Reyna v. Hott (P), 4th Cir. (Niemeyer) from EDVA at Alexandria (O’Grady). The district court properly dismissed the complaint on grounds that the plaintiffs did not sufficiently allege that the government’s practice of transferring… Read More ›

  • Gratz v. Gratz

    In this action asserting several business tort claims, the court will exercise specific personal jurisdiction, though not general jurisdiction, over the defendant, who is the plaintiff’s stepmother. In a nutshell, the plaintiff claims that his stepmother intentionally drove a wedge… Read More ›

  • Fluor Enters. Inc. v. Mitsubishi Hitachi Power Sys. Ams. Inc.

    In this dispute arising from the parties’ business contract, the court will strike the defendant’s demand for a jury. The defendant doesn’t dispute that its jury-trial waivers in the parties’ agreement were knowing and voluntary. It contends that the jury-trial… Read More ›

  • In re Estate of Kevin Joseph Connolly

    The court will grant a son’s petition to strike a provision in his father’s will conditioning his inheritance on no longer being married to his wife. The petitioner has been married to his wife for more than 20 years, and… Read More ›

  • Eley v. Commonwealth (P)

    In the defendant’s conviction for carrying a loaded firearm equipped with a high-capacity magazine, the statutory exemption in Code § 18.2-308(C)(8) for a firearm carried in “a personal, private motor vehicle” did not apply because the defendant knew that the… Read More ›

  • Taylor v. Commonwealth (P)

    The trial court properly denied the defendant’s motion to suppress a warrantless blood draw. At the time the officer arrested the defendant, Virginia law was that the defendant had, by driving on the highway, impliedly consented to provide a blood… Read More ›

  • Loudoun County v. Richardson (P)

    The Workers’ Compensation Commission properly awarded permanent partial disability benefits to a claimant who was injured during his employment by Loudoun County as a fire department battalion chief. As a result of his injury, he received a total hip replacement…. Read More ›

  • Reyna v. Hott (P)

    The district court properly dismissed the complaint on grounds that the plaintiffs did not sufficiently allege that the government’s practice of transferring detained immigrants among various interstate detention centers violated a substantive due process right. Accordingly, the court also properly… Read More ›

  • One Social Network to Rule Them All

    Internal Facebook documents leaked to NBC News offer new evidence that the company views its users’ data as leverage in its relationships with third parties. In 2015, Facebook cut off the broad access to its users’ data that it had… Read More ›

  • Docket – April 15, 2019

    4th U.S. Circuit Court of Appeals Brandon v. Guilford Cty. Bd. of Elections (P), 4th Cir. (Niemeyer) from MDNC at Greensboro (Eagles). The district court erred in denying a fee award to eight voting citizens of Greensboro, North Carolina, who… Read More ›

  • Myer v. All Dulles Area Muslim Society

    The court will dismiss the plaintiff’s fourth amendment complaint and impose a pre-filing injunction against him. The complaint is filled entirely with conclusory language unfounded in fact or law. The plaintiff asserts he is an owner of Defendant All Dulles… Read More ›

  • Bobby Lewis Acres v. Serco Inc.

    Genuine issues of material fact preclude summary judgment for either moving party in this dispute between a government contractor and 21 of its former employees. The employees allege that the defendant failed to pay them certain hardship and danger pay… Read More ›

  • Acosta v. At Home Personal Care Servs. LLC

    Based on evidence presented in a bench trial in this FLSA enforcement action, the defendants are jointly and severally liable for $128,446 in back pay and liquidated damages. This litigation stems from a dramatic shift in the treatment of third-party… Read More ›