Opinions

Riggleman v. Clarke

In this putative class action for Eighth Amendment violations, certification is inappropriate. The plaintiff, a Virginia inmate, is not an adequate class representative because his counsel is not adequate to handle this case as a class action. Counsel initially failed… Read More ›

Edmonson v. Eagle Nat’l Bank (P)

In their suit asserting claims under the Real Estate Settlement Procedures Act, the plaintiff-borrowers alleged sufficient facts against the defendant-lenders to merit relief from the one-year limitations period under the tolling doctrine of fraudulent concealment. The district court erred in… Read More ›

Bell v. Brockett (P)

This case involves a defendant class action, a litigation “unicorn.” Here, while the district court failed to follow Federal Rule of Civil Procedure 23 its decision is affirmed due to the unique circumstances of this case. Class counsel was not appointed… Read More ›

United States v. Walker (P)

The district court properly rejected the defendant’s plea agreement, sustained the prosecution’s peremptory strike of an African-American juror before trial, and calculated the defendant’s Sentencing Guidelines range after his convictions for drug and firearms offenses. In finding the advisory Guidelines… Read More ›

United States v. Peterson

The court will suppress the fruits of a strip search of the defendant, but not the fruits of a search of his car. Although a police dog’s weak responses alone didn’t give officers probable cause to believe that the defendant’s… Read More ›

United States v. Dennings (P)

The district court properly calculated the defendant’s Sentencing Guidelines range by including an offense characteristic enhancement for reckless endangerment during flight on foot. Here, the defendant’s situation involved flight plus something more. He fled from police sirens after having discharged a… Read More ›

Haynes v. Waste Connections Inc. (P)

The district court erred in granting summary judgment for an employer as to the plaintiff’s race discrimination claims. Here, a white comparator with the same supervisor had several workplace infractions, including twice using a cellphone while driving, driving while distracted,… Read More ›

United States v. Winbush (P)

The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›

Conner v. City of Danville (P)

The Virginia Workers’ Compensation Commission did not err in denying the claimant benefits, because she failed to prove that her injuries arose out of her employment as a police corporal. When she apparently slipped and almost fell on the wet grass,… Read More ›

Jones v. Commonwealth (U)

The trial court erred in denying the appellant’s motion to suppress evidence following a traffic stop. The initial search of lottery tickets in the appellant’ car door was unlawful; all evidence stemming from that search should have been suppressed. A… Read More ›