Author Archives

  • Docket – September 13, 2018

    U.S. District Court – Virginia Eastern United States v. Haas, EDVA at Richmond (Payne). In a trial for sex trafficking of a minor and receipt of child pornography, the government will not be permitted to introduce “other acts” evidence of… Read More ›

  • Family Separation Update

    In three family-separation cases, the Department of Justice has agreed to give parents who didn’t pass their initial asylum interviews another chance to do so. One of the lawsuits alleges that many parents who didn’t know their children’s whereabouts were… Read More ›

  • Docket – September 12, 2018

    4th U.S. Circuit Court of Appeals Sierra Club v. Va. Elec. & Power Co. (P), Sept. 12, 2018. 4th Cir. (Niemeyer) from EDVA at Richmond (Gibney). The district court erred in holding Dominion liable for arsenic that leached from coal… Read More ›

  • Undiscovered First

    Photo Credit: Redfishingboat. Some rights reserved.

    After Leslie Feist’s song “1234” helped make Apple’s iPod commercials iconic and deluged her with a level of fame she never imagined, she took two years off to refocus. The emotional space she gave herself led to her 2011 album Metals,… Read More ›

  • Sierra Club v. Va. Elec. & Power Co. (P)

    The district court erred in holding Dominion liable for arsenic that leached from coal ash at its Chesapeake facility into groundwater. The plant’s landfill and settling ponds that contained the coal ash were not “point sources” under the Clean Water… Read More ›

  • Reyes v. Waples Mobile Home Park LP (P)

    Based on statistical evidence that 64 percent of Virginia’s undocumented population is ethnically Latino, families suing a mobile-home park for requiring proof of legal immigration status sufficiently alleged that the policy had a disparate impact on Latinos. The district court… Read More ›

  • A Thing of Value

    In the months after Election 2016, a newly energized opposition took to heart the old maxim, purportedly still valid, that the most effective way to sway your representatives in Washington is to call their offices. But there are good reasons to… Read More ›

  • Docket – September 11, 2018

    Virginia Court of Appeals Schmuhl v. Commonwealth (P), CAV (Beales) from Fairfax (Bellows). The court affirmed convictions stemming from Andrew Schmuhl’s home invasion and attack on Bean Kinney managing partner Leo Fisher and his wife. Schmuhl’s defense of involuntary intoxication… Read More ›

  • Mister Peepers

    Imagine discovering that one of your favorite artists has written a song praising the thing you’re nerdiest about. That’s the gift I got today. Ben Folds has offered his musical take on Rod Rosenstein and upholding the rule of law:… Read More ›

  • Yergovich v. Small Cmty. Specialists LLC

    Although one of an HOA manager’s duties was to contact residents about unpaid dues, debt collection was only incidental to the managing company’s fiduciary obligations to the HOA. Thus, the company wasn’t a “debt collector” and is entitled to summary… Read More ›

  • OK Corral

    A nonprofit group is about to begin testing a brute-force approach to the Great Pacific Garbage Patch. First discovered in the mid-1980s, the island of floating plastic between Hawaii and California is now estimated to be at least as big… Read More ›

  • Lienau v. Commonwealth (P)

    The trial court erred in denying a defendant the benefit of self-defense jury instruction in his trial for killing a home intruder. At the time of the incident, the intruder had broken the front door in with substantial force late… Read More ›

  • Schmuhl v. Commonwealth (P)

    The court affirmed convictions stemming from Andrew Schmuhl’s home invasion and attack on Bean Kinney managing partner Leo Fisher and his wife. Schmuhl’s defense of involuntary intoxication from medication, as presented at trial, was distinct from statutory insanity and not… Read More ›

  • Docket – September 10, 2018

    U.S. District Court – Western District of Virginia Shenton v. Aerojet Rocketdyne, Inc.. Sept. 10, 2018. WDVA at Charlottesville (Moon). A 40-year employee of a rocket manufacturer can proceed on his claim that the company passed him over for promotions… Read More ›

  • Waiting by the Phone

    Today the New York Times started live-polling registered voters here in Virginia’s 7th U.S. Congressional district. Historically, our district is reliably red, but some forecasters are now calling it a toss-up between Republican incumbent Dave Brat and Democratic nominee Abigail Spanberger…. Read More ›