Author Archives

  • Va. Dep’t of Corrs. v. Jordan (P)

    The district court properly quashed a subpoena by two Mississippi death-row inmates who, in support of a challenge to their state’s lethal-injection procedures, sought documents and testimony about Virginia’s execution practices. The district court reasonably found that the petitioners didn’t… Read More ›

  • Va. Indus. Plastics Inc. v. Cabinet Saver LLC

    This suit arises from the name “cabinet savers,” which the parties both use to refer to plastic liners designed to protect kitchen sink cabinets and other surfaces from water damage. Both parties manufacture products of this description. The plaintiff has… Read More ›

  • Z.F. v. Adkins

    A middle school student may proceed in this case alleging that the defendant, a deputy sheriff and resource officer at the plaintiff’s school, unlawfully seized his person and seized and searched his cell phone, using excessive force. The student alleges… Read More ›

  • Docket – April 9, 2019

    NOTE: There are no new case summaries for April 10, 2019. 4th U.S. Circuit Court of Appeals McCaffrey v. Chapman (P), 4th Cir. (Quattlebaum) from EDVA at Alexandria (Trenga). Under the Elrod-Branti exception to First Amendment protection, the district court… Read More ›

  • Guan v. Ran (P)

    The court lacks jurisdiction to review an injunction that is not effective due to the movant’s failure to post a bond. Here, the order granting a temporary injunction is part of a complex litigation involving the parties’ divorce and the… Read More ›

  • MPS Healthcare Inc. v. Dep’t of Med. Assistance Servs. (P)

    Criminal background check results may be provided to the Department of Medical Assistance Services for audit purposes. Here, the Department’s director found that MPS Healthcare Inc. must reimburse the agency for an overpayment of $63,972, based on failure to maintain… Read More ›

  • McCaffrey v. Chapman (P)

    Under the Elrod-Branti exception to First Amendment protection, the district court properly dismissed a Loudoun County deputy sheriff’s claims against the sheriff, who declined to reappoint the deputy for supporting the sheriff’s political opponent. The court’s prior precedent provides that… Read More ›

  • Docket – April 8, 2019

    4th U.S. Circuit Court of Appeals Berkenfeld v. Lenet (P), 4th Cir. (Wynn) from DMD at Baltimore (Xinis). Because of Maryland’s high bar for taking questions of contributory negligence, the district court erred in finding that the plaintiffs were barred… Read More ›

  • Owusu-Boakye v. Barr

    Because of evidence that the plaintiff’s spouse had previously entered into a sham marriage for the purpose of evading U.S. immigration law, the Board of Immigration Appeals properly denied the plaintiff’s petition to grant his spouse a visa. Record evidence… Read More ›

  • Berkenfeld v. Lenet (P)

    Because of Maryland’s high bar for taking questions of contributory negligence, the district court erred in finding that the plaintiffs were barred from recovery for their financial advisors’ alleged negligence. The plaintiffs’ evidence offers a reasonable basis to determine that… Read More ›

  • Bryant v. Commonwealth (U)

    The court of appeals erred in dismissing the defendant-appellant’s appeal of his conviction, following guilty pleas to burglary with intent to rape, murder or rob while armed; malicious wounding; and assault on a person having a protective order against him…. Read More ›

  • Bowling v. Director, Va. Dep’t of Corrs. (P)

    The Virginia Parole Board didn’t violate the appellant’s Eighth or Fourteenth Amendment rights by not specifically considering age-related mitigating factors when it repeatedly denied him parole. The appellant was sentenced to life with parole when he was 17 years old…. Read More ›

  • Docket – March 29, 2019

    NOTE: Evening docket will be on hiatus until April 8, 2019. Happy spring break, y’all! U.S. District Court – Virginia Eastern Dynex Capital Inc. v. Quilling, EDVA at Richmond (Lauck). In this decades-long dispute arising from breach-of-contract litigation against the… Read More ›

  • Dynex Capital Inc. v. Quilling

    In this decades-long dispute arising from breach-of-contract litigation against the plaintiff, the court will abstain from exercising jurisdiction over the plaintiff’s claim for declaratory judgment, due to litigation already pending in Texas state court. First, Texas has a greater interest… Read More ›

  • Gilmore v. Jones (P)

    Plaintiff Brennan Gilmore was among hundreds of individuals who gathered in Charlottesville, Virginia on August 12, 2017 to protest various white supremacist and neo-Nazi groups participating in the “Unite the Right” rally. In footage he recorded that day, he captured… Read More ›