Steptoe & Johnson PLLC: 4th Circuit Rules CON Statute May Discriminate Against Providers

By Gordon H. Copland | A recent decision suggesting that the Virginia Certificate of Need (“CON”) law may be unconstitutional has widespread implications for CON laws around the country, including West Virginia and Kentucky. The surprising decision, by the Court of Appeals for the Fourth...

Troutman Sanders LLP: Court of Appeals Rules Against Philip Morris in Tobacco Buyout Dispute

By Troutman Sanders Tobacco Practice In an earlier blog post, we discussed a case pending before the United States Court of Appeals for the Fourth Circuit in which the United States District Court for the Eastern District of Virginia evaluated the methodology used by the United States Department of...

Immigrant Students Seek In-State Tuition in Virginia

"Giancarla Rojas is not an American citizen, but she has an American dream. The Falls Church resident, whose parents brought her here illegally from Bolivia as a child, has worked doggedly to become the first in her family to attend a four-year college. She won a reprieve to stay in this country...

Virginia Department of Taxation Will Not Recognize Joint Returns for Same-Sex Couples After Windsor

BY: THOMAS W. ALDOUS, JR. The Virginia Department of Taxation recently announced that same-sex couples married in another state must file separate Virginia income tax returns even though they file a federal return as a married couple. Background . In United States v. Windsor , 186 L. Ed. 2d...

Williams Mullen: State Attorneys General Served ‘Home Cooking’ By The Supreme Court Of The United States

By Charles E. “Chuck” James Jr. and Brendan D. O’Toole On January 14, 2014, in Mississippi v. AU Optronics Corp. , the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and...

Williams Mullen: ‘Ban the Box’ Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries

By D. Earl Baggett and J. Nelson Wilkinson On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for attorney’s fees if they attempt to...

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...