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Bankruptcy: Joint tenancy not exempt from IRS lien
Where the debtor owned property as tenants by the entirety, the property may not be exempted from the bankruptcy estate under 11 U.S.C. § 522(b)(3)(B) to the extent of the debtor’s tax debt to the Internal Revenue Service, even if the IRS has not yet obtained a lien Background Ronald Lee Morgan filed for Chapter […]
Civil Rights: Trooper denied immunity for assault of teenager
Where a reasonable jury could find that a trooper violated a 15-year-old’s clearly established civil rights when he repeatedly struck the teenager while he was non-dangerous, non-actively resistant and partially subdued, the trooper was denied qualified immunity. Background While executing an arrest in 2018, Maryland State Trooper Kevin Caraballo resorted to striking 15-year-old Cameron Lewis [&[...]
Civil Service: Electoral board sued by former general registrar
Where this court previously held that individual members of Virginia electoral boards may be sued in their official capacities for equitable relief under Ex parte Young, and that decision has not been abrogated by a subsequent en banc opinion of this court or a superseding contrary decision of the Supreme Court,” it remains binding. Background […]
Constitutional: West Virginia transgender sports law violates Title IX
Where the district court ruled against an athlete challenging a West Virginia law that prevents transgender girls from playing on girls teams, it erred. The athlete was entitled to summary judgment on her Title IX claims. Background A West Virginia law provides that “[a]thletic teams or sports designated for females, women, or girls shall not […]
Criminal: District court erred when it denied compassionate release
Where the district court failed to address a defendant’s change-in-law and rehabilitation arguments, and did not have the benefit of the Sentencing Commission’s new policy statement setting forth guidelines for considering changes in law, its order denying the defendant’s motion for compassionate relief was vacated. Background Antonio Davis is currently serving a 210-month prison sentence [&[...]
Criminal: Court affirms gang members’ convictions
Where members of a gang challenged their convictions on multiple grounds, including that the predicate convictions were not crimes of violence, that “toolmark identification” experts were improperly allowed to testify, that the evidence was insufficient to support the convictions and that the jury was improperly instructed, each of their arguments was rejected and their sentences […]
Environmental: Mining prohibition does not extend to transferee
Where an entity agreed to a consent decree that prohibited it from conducting surface coal mining at certain sites, nothing in the decree unambiguously extended the prohibition to a third-party permit transferee. Background A consent decree previously approved by the court expressly prohibits the Receivership Estate of ERP Environmental Fund Inc. from conducting surface coal […]
Intellectual Property: Timberland boots denied Lanham Act protection
Where the manufacturer of Timberland boots argued that certain features were protected under the Lanham Act, but the features had not acquired a distinctive meaning, the application was denied. Background TBL Licensing LLC tried to register certain features from the design of its popular Timberland boot under the Lanham Act as trade dress. Concluding the […]
Arbitration: ‘Candy Crush’ lawsuit headed to arbitration
Where a participant in a “Candy Crush” tournament sued the developer and affiliated companies for fraud, but the game’s terms of use clearly and unmistakably delegated to the arbitrator the exclusive authority to decide certain arbitrability issues, the arbitrator will decide whether the claims are subject to arbitration. Background In March 2023, defendants launched the […]
Constitutional: Lawsuit challenging Virginia broadband statute dismissed
Where a trade association alleged a Virginia statute giving Internet broadband service providers access rights to railroad property was unconstitutional, but it lacked standing to assert most claims, some of the defendants were entitled to immunity and the remaining claims failed as a matter of law, the suit was dismissed. Background The Association of American […]
Consumer Protection: Mercedes-Benz fails to dismiss Lemon Law suit
Where purchasers of a Mercedes-Benz Sprinter van alleged the vehicle was not repaired despite seven different visits to dealerships within a nearly 14-month period, they plausibly alleged claims under the Magnusson-Moss Warranty Act and Virginia’s Lemon Law. Background Plaintiffs Andrew Myers and Road Runner Transport & Delivery’s first amended complaint, or FAC, against Mercedes-Benz USA [...]
Employment: Suit against federal agency transferred to Virginia
Where a former employee asserted Title VII claims against the National Geospatial-Intelligence Agency, the suit was transferred from Maryland to Virginia, which is the site of the agency’s headquarters, where the employment records were housed and where the plaintiff would have continued to work if not for the agency’s alleged misconduct. Background Kirk E. Webster […]
Verdicts & Settlements
- Man run over, killed while performing bridge repairs — $325,000 settlement
- Nurse unable to return to work after rollover crash — $3.5M verdict
- 4-year-old child in daycare assaulted by teacher — $550,000 settlement
- Patient sustained nerve injury after oral surgery — $1M settlement
- Plaintiff burned in flash fire while cleaning engine — $23M settlement
- Motorcyclist’s leg partially amputated in collision — $2M settlement
- Speeding vehicle struck, pushed truck into plaintiff — $1M settlement
- Adoption, paternity at issue in multimillion-dollar estate — $1.25M settlement
- Defense verdict reached in suit over wrist fracture
- Nurse sustained concussion in rear-end collision at red light — $2M settlement
- Motorist suffered lower back injuries in rear-end collision — $225,000 settlement
- Driver sustained injury in two rear-end collisions — $77,500 settlement
Opinion Digests
- Bankruptcy: Joint tenancy not exempt from IRS lien
- Civil Rights: Trooper denied immunity for assault of teenager
- Civil Service: Electoral board sued by former general registrar
- Constitutional: West Virginia transgender sports law violates Title IX
- Criminal: District court erred when it denied compassionate release
- Criminal: Court affirms gang members’ convictions
- Environmental: Mining prohibition does not extend to transferee
- Intellectual Property: Timberland boots denied Lanham Act protection
- Arbitration: ‘Candy Crush’ lawsuit headed to arbitration
- Constitutional: Lawsuit challenging Virginia broadband statute dismissed
- Consumer Protection: Mercedes-Benz fails to dismiss Lemon Law suit
- Employment: Suit against federal agency transferred to Virginia
