LexisNexis® Legal Newsroom
Dedon on Estate Planning: Disposition of Tangible Personal Property in a Side Letter

A common question asked by clients preparing their Wills is how to dispose of tangible personal property upon death. For example, I am asked, "I have jewelry and a coin collection, do I need to specify how those items are distributed among my children upon my death or can I simply tell the children...

Vandeventer Black LLP: U.S. Supreme Court Establishes Enforceability Of Forum-Selection Clauses

By James Rixey In a recent decision, the U.S. Supreme Court established that contractual forum-selection clauses deserve near absolute deference and should be enforced in all but the most exceptional cases when deciding transfer of venue under 28 U.S.C. § 1404(a) [ enhanced opinion available...

Texas Federal Court Is Latest To Strike Down State Prohibitions On Same-Sex Marriage

On Wednesday, Feb. 26, U.S. District Judge Orlando L. Garcia of the Western District of Texas struck down the Texas ban on same-sex marriage. This ruling was the latest in a series of federal rulings handed down in the wake of the U.S. Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

Va. DACA Students May Establish Residence for In-State Tuition

" In a letter sent this morning to the State Council of Higher Education in Virginia (SCHEV), the presidents of Virginia's colleges and universities, and the chancellor of the Virginia Community College System, Attorney General Mark R. Herring advised that, under current Virginia law, Virginia...

News Excerpts From the June 1, 2014, Bender’s Immigration Bulletin

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request...

Virginia's Economic Loss Rule

A plaintiff filing a lawsuit usually wants to demand as much money as possible, both for the intimidation value and because in Virginia state court, you cannot recover damages in an amount greater than what you asked for in the complaint, even if the jury awards it. Plaintiffs are thus often tempted...

Three Kids in Immigration Court

"Fusion attended one such court proceeding last week in Arlington, Va., to get an idea how children are being treated by the system— and whether they’re even showing up for their hearings. Of 15 cases on the judge’s docket that day, only one person — a 19-year-old facing...

Vandeventer Black LLP: Are All Damages Equal?

By Edward E. Nicholas III and Maggie D. Finnegan If liability is clear (that is, the breach of contract cannot be disputed), then it comes down to damages. How much may the plaintiff recover? All damages caused by the defendant’s breach? Not necessarily, because, to answer the question posed...

Vandeventer Black LLP: P:rimer On Virginia’s Data Breach Law: Part 1

By Christopher S. Colby Imagine that your laptop is stolen. Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files. As you contemplate the recovery of your business...

Vandeventer Black LLP: P:rimer On Virginia’s Data Breach Law: Part 2

By Christopher S. Colby Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law. You must now determine whom to notify, and this will depend on your relationship...

Optional Liquidated Damages Clause Held Unenforceable

Liquidated damages are damages the amount of which has been agreed upon in advance by the contracting parties. When a contract contains a liquidated-damages provision, the amount of damages in the event of a breach is either specified, or a precise method for determining the sum of damages is laid out...

EOIR Announces Change to Immigration Judges Hearing Cases Out of Artesia

"The Executive Office for Immigration Review (EOIR) today announced that, effective September 29, 2014, it will assign immigration cases originating at the Artesia, N.M., hearing location to immigration judges at the Denver Immigration Court in Denver rather than immigration judges at the Headquarters...

Virginia Won't Allow You to Blue-Pencil That Non-Compete

In Virginia, covenants not to compete (a.k.a. non-competition agreements or simply "noncompetes") are considered restraints on trade and are therefore disfavored in the law. Unlike California, which prohibits them outright , Virginia will enforce such agreements if (and only if) they (1) satisfy...

Honduran Mom in Artesia Granted Asylum by Video

"An immigration judge [in Arlington, VA] granted asylum on Thursday to a Honduran woman and her children after the woman testified that she was beaten, threatened and raped at gunpoint by her husband before fleeing to the United States. The woman, whose attorney asked be identified by her initials...

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained. The respondent, a native and citizen of EI Salvador...

Immigration Judge Hears Bond Pleas By Video, 1,700 Miles Away

"Immigration Judge Quynh Bain keeps having to interrupt the witness to ask her to slow down her account of the night that some Mara-18 gang members ran her off the road in her hometown in El Salvador. “Please remember,’’ the judge tells her through an interpreter, “that one...

EDVA Judge Holds That the Copyright Act Preempts Some Claims Under the Virginia Computer Crimes Act

by Dabney Carr In Maxient, LLC v. Symplicity Corp. , Case No. 1:14CV1184, 2014 U.S. Dist. LEXIS 150542 (E.D.Va. Oct. 23, 2014) (found here ) [ an enhanced version of this opinion is available to lexis.com subscribers ], Maxient, a developer of web-based software for student conduct records management...

Virginia Consumer Protection Act Not Limited to Fraud

The Virginia Consumer Protection Act ("VCPA") has long been thought of as a statute that addressed fraud in consumer transactions. But as the Supreme Court of Virginia clarified in a ruling last month, "the VCPA's proscription of conduct by suppliers in consumer transactions extends...

CA4 on Divisibility: Omargharib v. Holder

"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board...

Federal: 4th Circuit Applies Virginia Law to Bar Construction Worker’s Action Against Subcontractor

Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina construction superintendent against one of his...

U.S. Supreme Court Hears Arguments Over ACA Federal Exchange Subsidy Availability

WASHINGTON, D.C. — (Mealey’s) Both sides faced critical questioning from Justice Anthony Kennedy during oral arguments March 4 in the case challenging the availability of subsidies in the Patient Protection and Affordable Care Act (ACA) federal exchange ( David King, et al. v. Sylvia Mathew...

The Right to Nonsuit in Virginia Litigation

What is a nonsuit? Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Va. Code § 8.01-380 ) [ an annotated version of this statute is available to lexis.com subscribers...

Virginia's Subpoena Power Does Not Extend Beyond Its Borders

Back in 2012, the Alexandria Circuit Court ruled in an Internet defamation case that discovery could be obtained from a nonresident third party by serving a subpoena on the company's registered agent in Virginia. That decision was reversed last week by the Virginia Supreme Court in an unambiguous...

Virginia Appellate Court: Biological Father Entitled To Visitation With Child Conceived By Artificial Insemination

The Court of Appeals of Virginia was called upon to determine whether Robert Boardwine was entitled to establish a parent-child relationship between himself and a child conceived by artificial insemination. The child’s mother, Joyce Bruce, had used Boardwine's sperm without medical assistance...