Month: July 2019

EDVA BY THE NUMBERS: How Many “Core Civil” Cases are there in Norfolk?

07/28/2019Paul, Dustin M.

Most lawyers only see a handful of cases handled by the federal court each year.  In the Norfolk Division of the EDVA alone, 667 civil cases were filed on the public civil docket in 2017.  In an effort to better understand the Court’s workload, we’ve examined this universe of cases.  Of those, more than half—392… Read more »

SBA Raises Size Limit For Firms To Qualify As Small Businesses

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07/25/2019Vandeventer Black

The U.S. Small Business Administration (SBA) is raising the size limit for engineering, construction, and other companies to be classified as “small.” The interim final will increase thresholds by about 8% from the current levels. The new standards will take effect on August 19, 2019. For construction firms in the various buildings construction and heavy… Read more »

EDVA CASE TO WATCH: Back Bay Restoration v. US Army Corps of Engineers,

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07/24/2019Paul, Dustin M.

 (2:19-cv-00323-AWA-DEM) On June 20, 2019, the Back Bay Restoration Foundation, Ltd. filed suit seeking to enjoin a permit issued by the Army Corps of Engineers that would allow the construction of a parking lot, residential buildings, and trails in the Pungo neighborhood of Virginia Beach.  The Plaintiff Foundation, which claims 1,800 members on whose behalf… Read more »

Unintended Consequences With Modern Day Construction Documents – Typically, “The Devil is in the Details”

07/20/2019Nicholos, George M.

Whether this well-known proverb is attributed to French Novelist Gustave Flaubert or Modernist Architect Mies van der Rohe, the meaning is likely the same; costly mistakes usually originate in the details of a project. Faced with shrinking design budgets, one of the first corners cut is usually the level of detail in construction documents. Key… Read more »

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

07/19/2019Vandeventer Black

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »

EDVA TRIVIA: Once the Fourth Circuit Overturned Justice Rehnquist!

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07/19/2019Paul, Dustin M.

While serving as an Associate Justice on the U.S. Supreme Court, Justice William Rehnquist presided over a trial in the Eastern District of Virginia, Richmond Division.  The case, Heislup v. Town of Colonial Beach, involved accusations that the plaintiff was suspended as a police officer for several days after making a public statement regarding police… Read more »

VIRGINIA LAW ALLOWS FOR THE FIXING OF ERRORS IN THE TERMS OF A WILL OR TRUST

07/18/2019Vandeventer Black

Crisis potentially averted, Virginia law now allows a court to reform the terms of a deceased person’s trust or will. Although the issue of mistaken estate planning was first addressed by the Virginia General Assembly in 2005, the legislation only specified the reformation of mistaken trusts. However, similar legislation was enacted this past year that… Read more »

Non-EDVA Case of the Month (July)

07/16/2019Paul, Dustin M.

On June 25, 2019, the Second Circuit heard oral arguments that might cause flashbacks to the first year of law school for most lawyers.  In 1958, H.L.A. Hart posed a hypothetical in a Harvard Law Review article that has been repeated countless time in law school classrooms.  If a legal rule forbids you to take… Read more »

EDVA CASE TO WATCH: Morrison v. Norfolk Southern

07/11/2019Vandeventer Black

(2:19-cv-00296-RAJ-DEM) On June 3, 2019, William Morrison sued Norfolk Southern Railway Corporation in the Norfolk Division asserting claims under the Americans with Disabilities Act alleging that a job offer was withdrawn because of his weight.  The plaintiff alleges this action violates the Americans with Disabilities Act.  Within the Complaint, the plaintiff attributes his high body… Read more »