An affair between a college coach and a basketball player, a disputed confrontation between parents and a college administrator, accusations of assault and kidnapping, fifteen days in jail, claims of false arrest and...more
Where a court is located often determines the type of cases that it hears. For example, the "Rocket Docket" of the Eastern District of Virginia hears a large number of patent and technology-related cases both because of the...more
A recent Fourth Circuit cases demonstrates the inherently subjective nature of the "plausibility" standard used to evaluate a motion to dismiss under Rule 12(b)(6). This standard, first articulated by the Supreme Court in...more
In a recent decision, Judge Urbanski addressed when a party is allowed to make changes to deposition testimony by means of an errata sheet under Federal Rule of Civil Procedure 30(e)....more
Several months ago, business owners on Route 29 filed a lawsuit against federal and state transportation officials challenging the plan to build a grade separated interchange at Route 29 and Rio Road. The plaintiffs claimed...more
Judge Moon has ruled on two cases in the past month involving constitutional civil rights issues and public schools.
In L.E.A. v. Bedford County School Board, Judge Moon denied a preliminary injunction prohibiting the...more
Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one was criminal and the other civil, but they...more
8/11/2015
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Extraterritoriality Rules ,
Foreign Subsidiaries ,
FTAIA ,
Motorola ,
Petition for Writ of Certiorari ,
Price-Fixing ,
SCOTUS
On Friday, July 31, 2015, in Danville, Virginia -- the last capital of the Confederate States of America -- U.S District Court Judge Jackson Kiser presided over a court hearing about whether the Commonwealth of Virginia...more
In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more
In a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the...more
I attended a very informative and enjoyable CLE yesterday regarding practicing in the Western District of Virginia and section 1983 cases. The CLE was put on by the Charlottesville Albemarle Bar Association. Judge Dillon,...more
The Western District of Virginia has a new judge.
Yesterday, the US Senate confirmed the nomination of Salem attorney Elizabeth Dillon to replace Judge Wilson, who retired in August. Judge Dillon will be the first...more
Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more
For any company looking to enter into a merger or acquisition, the laundry list of necessary pre-closing tasks can start to add up. But, just as companies must complete due diligence and identify negotiation strategies, it...more
Contaminated oysters served at a Roanoke restaurant were placed in the "stream of commerce" by a Connecticut seafood supplier, and thus served as the basis for the Western District of Virginia to exercise personal...more
"Courts have held that there is no duty on a lender to ensure that a loan is suitable for a borrower," wrote Judge Jones in a recent case dismissing a fraud and misrepresentation claim brought by a home owner against the...more
In March 2013, Judge Urbanski issued an injunction prohibiting Pittsylvania County from opening its board of supervisors meetings with sectarian prayers associated with any one religion as a violation of the Establishment...more
With the Republicans gaining control of the Senate in yesterday's elections, there is a greater chance that Congress may enact reforms to the merger approval process. Currently, there is a bill pending in the House that...more
11/6/2014
The 550-mile Atlantic Coast Pipeline that is projected to run through the heart of Central Virginia has generated much political controversy and is now the subject of a new federal lawsuit. ...more
The Charlottesville paper recently ran an interesting story about how local road improvement projects will test the limits and scope of the Commonwealth's new eminent domain law. The new laws are comprised of reforms passed...more
Since Judge Claudia Wilken’s recent ruling in O’Bannon et al. v. NCAA et al., Case No. 4:09-cv-03329 (N.D.Ca.), in which the judge called the NCAA a “cartel” that restrains the college athletics market, many commentators have...more
A federal court has ruled that the NCAA cannot ban schools from giving athletes money based on their name, image and likeness, and cannot impose a salary cap below $5,000. See O'Bannon v. NCAA (N.D. Calif Aug. 8, 2014). The...more
All of the local papers ran stories this week about Judge Turk's passing and the fond memories that lawyers and judges had of Judge Turk's unique and warm sense of justice. Judge Turk, who was appointed by Richard Nixon,...more
7/9/2014
Earlier this week, the Fourth Circuit reversed the dismissal of a Lanham Act claim for trade dress infringement involving a pixel pattern embossed on an absorbent textile-like product used in medical supplies, hygiene...more
Virginia's United States Senators have recommended Martinsville attorney Ward Armstrong and Salem attorney Elizabeth Dillon to be appointed as the new judge in the Western District of Virginia. The nomination will be for...more