Author Archives

  • United States v. Ritchie

    Expert testimony from a former Drug Enforcement Agency chemist regarding the synthetic drug “spice” would have been cumulative and, thus, not material to the defendants’ convictions for drug crimes. At trial, the defendants had been allowed to produce two other… Read More ›

  • Steves & Sons Inc. v. Jeld-Wen Inc.

    The defendant, a doorskin manufacturer, was entitled to judgment as a matter of law despite adverse jury findings. The plaintiff had successfully claimed that the doorskin manufacturer provided defective products without reimbursement, for either the doorskins themselves or for the… Read More ›

  • Brunelle v. Norfolk So. Ry. Co.

    A commercial truck operator stated a claim against his employer under the Americans with Disabilities Act, based on being laid off from work following a medical examination. Despite no negative medical opinion, the plaintiff wasn’t reinstated until six months after… Read More ›

  • Denisenko v. Sentara Hosps.

    The court denied Sentara’s claim that it had no duty to protect one emergency-room patient from another’s unprovoked attack. Although the hospital didn’t assume a duty to control the other patient despite his known history of aggression and violence, the… Read More ›

  • Va. Div. of Child Support Enforcement v. Curran

    A party can’t appeal the amount of a civil appeal bond set by a JD&R district court to a circuit court without also appealing the JD&R court’s underlying substantive ruling. Here, the JD&R court set the appeal bond amount as… Read More ›

  • Docket – September 27, 2018

    Supreme Court of Virginia Kerns v. Wells Fargo Bank N.A. (P), SCV (Kelsey) from Marchant. The circuit court did not err in dismissing the plaintiff’s breach-of-contract claim against his mortgage lender. The contract claim accrued when the lender accelerated the… Read More ›

  • Techint Solutions Grp. LLC v. Sasnett

    In an action to enforce an employee agreement, a government contractor obtained a preliminary injunction preventing its former employee from providing competing services to the plaintiff’s clients and from soliciting the plaintiff’s employees to leave their positions with the plaintiff…. Read More ›

  • Doe v. Alger

    Following a successful due process claim against James Madison University related to accusations of sexual misconduct, the court awarded the plaintiff $519,271 in fees, $41,408 in litigation expenses, and $13,500 in costs. The court imposed a modest reduction based on… Read More ›

  • Commonwealth v. Rhodes

    In a probation revocation proceeding, the defendant was not placed in an “unreasonable” position of lying or being punished for his silence. To rely on the Fifth Amendment rights against self-incrimination, he had to invoke it, which he never did…. Read More ›

  • Terry v. Irish Fleet Inc.

    A widow failed to state a claim against her late husband’s employer for his wrongful death (he was a taxi driver murdered by his passenger). The high court held that a voluntarily assumed duty to warn or protect against the… Read More ›

  • Kerns v. Wells Fargo Bank N.A. (P)

    The circuit court did not err in dismissing the plaintiff’s breach-of-contract claim against his mortgage lender. The contract claim accrued when the lender accelerated the balance due on the plaintiff’s loan — ultimately leading to foreclosure. The fact that no damage… Read More ›

  • Docket – September 26, 2018

    U.S. District Court – Eastern District Falls Church Med. Ctr. v. Oliver, EDVA at Richmond (Hudson). Virginia’s regulations may present unconstitutional obstacles to the provision of abortion services. Five healthcare providers sufficiently alleged facts to support their several legal requirements… Read More ›

  • Ballot Black Box

    Now that we’ve all registered to vote (yes?), it’s time to grapple with the reality that our votes very well may not even be counted accurately. The overarching problem, detailed in The New York Times Magazine today, is that no… Read More ›

  • Falls Church Med. Ctr. v. Oliver

    Virginia regulations may present unconstitutional obstacles to the provision of abortion services. Five healthcare providers sufficiently alleged facts to support their several legal requirements unduly burden patients’ right to seek abortions. The challenges surviving dismissal related to classification of facilities… Read More ›

  • Docket – September 25, 2018

    Virginia Court of Appeals Darley v. Commonwealth (U), CAV (Humphreys) from Chesapeake (Wright). A repairman’s conviction for petit larceny of valuables from the house he was servicing wasn’t supported by sufficient evidence to exclude a reasonable hypothesis of innocence. The… Read More ›