Author Archives

  • Rinker v. Oakton Condo. Unit Owners Ass’n

    A condominium owner who sues her unit owners’ association for damage to her unit need not join all her fellow unit owners as necessary defendants. Here, the plaintiff alleges that her condo has become uninhabitable due to mold and sues… Read More ›

  • Ray v. Roane

    The court dismissed a Fourth Amendment claim based on a deputy sheriff shooting and killing the plaintiff’s dog, which he claimed was approaching him and barking. Shooting the dog was a reasonable seizure under the circumstances, and the officer was… Read More ›

  • Docket – September 19, 2018

    4th U.S. Circuit Court of Appeals EEOC v. Baltimore County (P), 4th Cir. (per curiam) from DMD at Baltimore (Bennett). Back pay is mandatory upon a finding of liability under the Age Discrimination, and the district court erred in declining… Read More ›

  • Lucas v. Henrico Cty. Pub. Sch. Bd.

    Neither the mother of a Henrico student nor her “advocates” have standing to sue the school board for alleged violations of federal disability laws and of the Fourteenth Amendment. The injury-in-fact arising from the student’s withdrawal was suffered by the… Read More ›

  • EEOC v. Baltimore County (P)

    Back pay is mandatory upon a finding of liability under the Age Discrimination, and the district court erred in declining to award it. SCOTUS decisions addressing back pay in Title VII claims don’t govern back pay under the ADEA. This… Read More ›

  • Docket – September 18, 2018

    Virginia Court of Appeals Commonwealth v. Johnson, CAV (Malveaux) from Newport News (Mills). Suppressing the defendant’s statements to a magistrate judge was not in error. The Commonwealth didn’t prove that the magistrate questioned the defendant as a judicial officer, rather… Read More ›

  • Haendel v. Clark

    Factual disputes prevented summary judgment as to whether the defendants violated the plaintiff’s First Amendment rights in prison by not offering food that was kosher for Passover, rather than merely kosher. A jury could also find that the defendants discriminated… Read More ›

  • Commonwealth v. Johnson

    Suppressing the defendant’s statements to a magistrate judge was not in error. The Commonwealth didn’t prove that the magistrate questioned the defendant as a judicial officer, rather than as a law enforcement officer whose inquiries were reasonably likely to elicit… Read More ›

  • United States v. Purpera

    The defendant is entitled to judgment of acquittal on only one of 69 counts for which a jury found him guilty at trial. His trial counsel’s conflict of interest did not impair representation. As a physician, the defendant was charged… Read More ›

  • Docket – September 17, 2018

    U.S. District Court – Eastern Babiak v. Mizuho Bank Ltd., EDVA at Alexandria (O’Grady). The court lacked personal jurisdiction over the defendant, a Japanese financial institution. The bank previously did business with a now-defunct company that claimed to be “the… Read More ›

  • Babiak v. Mizuho Bank Ltd.

    The court lacked personal jurisdiction over the defendant, a Japanese financial institution. The bank previously did business with a now-defunct company that claimed to be “the world’s most established bitcoin exchange,” wiring cash to the company’s users at their request…. Read More ›

  • McIntosh v. Flint Hill Sch.

    A contract provision for a parent to pay attorneys’ fees and costs in any litigation with her child’s school, even if she prevailed, was unenforceable as unconscionable and against public policy. McIntosh v. Flint Hill Sch., CL18-1929, Sept. 17, 2018…. Read More ›

  • Docket – September 14, 2018

    U.S. District Court – Western District Am. Fire & Cas. Co. v. Raleigh Mine & Indus. Supply Inc., WDVA at Abingdon (Jones). An insurance company seeking a declaration of non-coverage is entitled to dismissal of the defendant’s tort-based counterclaims against… Read More ›

  • Am. Fire & Cas. Co. v. Raleigh Mine & Indus. Supply Inc.

    An insurance company seeking a declaration of non-coverage is entitled to dismissal of the defendant’s tort-based counterclaims against it, including conversion, breach of the covenant of good faith, fraud, and intentional misrepresentation. The counterclaims all arise from non-payment of insurance… Read More ›

  • United States v. Haas

    In a trial for sex trafficking of a minor and receipt of child pornography, the government won’t be permitted to introduce “other acts” evidence of child molestation by the defendant. That evidence is not similar enough to the charged crimes… Read More ›