Virginia Lawyers Weekly

Virginia Lawyers Weekly is a publication based in Richmond, Virginia, USA, that focuses on legal news and updates.

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Norfolk federal courthouse receiving security upgrades

1 week ago | valawyersweekly.com | Nate Delesline III

Renovations are underway at the U.S. District Court’s Eastern District courthouse in Norfolk. Work began last month on a new public main entrance for the Walter E. Hoffman Courthouse, at 600 Granby St. near the Norfolk Scope arena. The current public entrance will remain while work is in progress. In addition to the new entrance, the project includes relocating the security screening station and clerk’s office; installing passive vehicle barriers; and modifying interior corridors and entry points.
Medicaid overtime lawsuit survives motion to dismiss

1 week ago | valawyersweekly.com | Nate Delesline III

In brief Judge denies motion to dismiss overtime lawsuit by Medicaid caregiver Plaintiff claims 86 hours of weekly unpaid OT over nearly 2 years Court rejects argument that familial relationship negates employment Case proceeds to discovery under Fair Labor Standards Act and Virginia law A U.S. District Court for the Eastern District of Virginia has denied a company’s motion to dismiss a lawsuit filed by a woman seeking unpaid overtime and damages for working as her daughter’s...
SCOTUS rules immigrant’s voluntary departure deadline extended

2 weeks ago | valawyersweekly.com | Pat Murphy

Supreme Court rules voluntary departure deadlines exclude weekends and holidays. Immigrant’s petition to reopen removal proceedings deemed timely. Majority opinion relies on longstanding administrative practices. Dissent raises concerns about jurisdiction and statutory deadlines.
COVID vaccine discrimination case proceeds to discovery

2 weeks ago | valawyersweekly.com | Nick Hurston

A terminated employee may amend their religious discrimination complaint although their accommodation request following their employer’s COVID-19 vaccine mandate neither explicitly referenced religion nor connected their stated beliefs to any specific faith practices. A magistrate of the Western District Court of Virginia recommended that the court grant the employer’s motion to dismiss because the proposed amended complaint would be futile. But U.S. District Judge Robert S.
Judge: defect is issue for jury to decide in Lemon Law case

2 weeks ago | valawyersweekly.com | Nate Delesline III

A dispute of material fact exists over whether a new truck’s transmission issue is a nonconformity under Virginia’s Lemon Law, the U.S. District Court for the Western District of Virginia has held in rejecting a motion for summary judgment. Robert and Melanie Hadsock Lambraia sued Nissan North America under the Virginia Motor Vehicle Warranty Enforcement Act and the federal Magnuson-Moss Warranty Act.
Communications insufficient to establish personal jurisdiction

3 weeks ago | valawyersweekly.com | Nick Hurston

A foreign company’s emails, phone calls, wire transfers and mailings to Virginia residents were insufficient to establish that it purposefully availed itself of the privilege of conducting business in Virginia, a per curiam panel of the 4th U.S. Circuit Court of Appeals has held. The plaintiffs appealed the district court’s dismissal of their complaint for lack of personal jurisdiction, asserting that the defendant’s numerous communications with them showed sufficient contact with Virginia.
Sheriff, deputy not liable for attempted in-custody suicide

3 weeks ago | valawyersweekly.com | Nate Delesline III

A man who attempted to kill himself while detained in the back of a police car and later sued law enforcement for failing to secure a weapon cannot recover in tort for injuries arising from his own “illegal or immoral” acts, the Supreme Court of Virginia has ruled. Dennis C. Howard sued Spotsylvania County Sheriff Roger Harris and Deputy David Setlock for injuries he sustained after a self-inflicted gunshot wound to his head.
Company’s communication on bonus plan found improper

1 month ago | valawyersweekly.com | Nate Delesline III

A company’s “optional bonus plan” offer to class members of a pending overtime compensation case that was contingent on the workers agreeing to waive certain rights and accepting binding arbitration was an improper communication, the U.S. District Court for the Eastern District of Virginia has ruled. As a result, employees who signed the agreement must have an opportunity to withdraw their consent.
Internet provider’s arbitration agreement deemed enforceable

1 month ago | valawyersweekly.com | Nick Hurston

The 4th U.S. Circuit Court of Appeals has reversed and remanded a case in which three unhappy West Virginia customers sued their internet service provider but attempted to evade their arbitration obligations. Incongruous with the parties’ claims, the district court found that the matter was controlled by an earlier version of the arbitration agreement. Based on that determination, the court denied the defendants’ motions to compel arbitration.
Supreme Court hands Trump win under Alien Enemies Act

1 month ago | valawyersweekly.com | Pat Murphy

A federal judge in Washington, D.C., lacked the authority to grant equitable relief to plaintiffs subject to detention and removal under an executive order issued by President Trump pursuant to the Alien Enemies Act targeting Venezuelan nationals alleged to be Tren de Aragua gang members, a divided U.S. Supreme Court has ruled in vacating temporary restraining orders issued by U.S. District Court Chief Judge James E. Boasberg.