LexisNexis® Legal Newsroom
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...

JPMDL Centralizes Lumber Liquidators Flooring Suits In Virginia

WASHINGTON, D.C. — (Mealey's) The Judicial Panel on Multidistrict Litigation (JPMDL) on June 12 transferred and centralized 10 lawsuits alleging that Chinese-made hardwood flooring products sold by Lumber Liquidators Inc. emits excessive levels of formaldehyde in the U.S. District Court for...

The Price For Deporting an American Child? $32K (Ruiz v. USA)

AIC writes - "Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, alleging that in 2011, U.S. Customs...

Cancellation Of The Washington Redskins Trademark Registration: The Judicial Decision

In an opinion issued on July 8, 2015, Judge Gerald Bruce Lee of the United States District Court for the Eastern District of Virginia ordered the United States Patent and Trademark Office (PTO) to cancel the registration of the Washington Redskins football team's six trademarks pursuant to Section...

Is the Mechanic’s Lien or Bond Waiver Clause in Your Contract Enforceable in Virginia?

by W. Alexander Burnett A new Virginia law invalidates any mechanic’s lien or payment bond waiver signed before work has commenced. The Governor recently signed new legislation into law, effective July 1, 2015, that invalidates waivers of subcontractors’, sub-subcontractors’ and...

Delaware neighboring states map with Capitals

Derivative Actions Carry Heightened Pleading Standard

Derivative actions are a mainstay of modern business litigation . They allow a shareholder of a corporation to enforce a right the corporation has but is wrongfully refusing to enforce. Normally, corporate management would be responsible for deciding whether to pursue litigation against someone, but...

Invasion of Privacy in Virginia

The right of privacy has been defined as the right to be left alone. After Supreme Court Justice Louis D. Brandeis co-authored an influential article in the Harvard Law Review in 1890, states across the country began to formally recognize and protect invasions of privacy rights. Invasion of privacy came...

Competition Agencies Urge Virginia to Reconsider Certificate of Need Requirements

by Robert Magielnicki and Dawn Crumel In a joint statement issued by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (collectively, the “Agencies”) late last month, the Agencies suggested Virginia’s Certificate of Public Need Work Group ...