10/30/2019
The Virginia Department of Small Business and Supplier Diversity (DSBSD) administers the small, women-owned and minority-owned (SWaM) business program. The DSBSD SWaM Certification Division reviews initial and recertification applications. DSBSD certification eligibility determinations are based on existing circumstances at the time of application. The criteria are in the Commonwealth of Virginia Administration Code regulations: 7VAC13-20-40…. Read more »
10/28/2019
Can contractors “shop” bids after obtaining and using them to obtain contract awards? Generally speaking, the answer is yes under Virginia law. However, the law varies in other jurisdictions. While this may not seem necessarily fair, jurisdictional views vary. For example, Virginia holds that bids are a means by which the prospective subcontractor (SC) and… Read more »
10/23/2019
Everyone likes to have the last word. Indeed, often dubbed the “recency effect” there is scientific support that going last may increase persuasion. But in ordinary motions practice in the EDVA, the movant both goes first and last. Local Rule 7(f)(1) does allow the non-movant to request leave of court to file a surreply. I… Read more »
10/18/2019
We previously discussed the suit in the EDVA brought by the City of Norfolk against the Commonwealth of Virginia to try and remove the civil war monument in downtown Norfolk. Service has been waived, and we can now expect responsive pleadings on October 22, 2019. Then we will see whether the state challenges the right… Read more »
10/16/2019
On a previous post on the blog, we discussed the increased judicial focus on “corpus linguistics,” the use of searchable databases to find specific examples of how a word is used at a given time. The idea got additional appellate attention, again, at the instigation of Judge Thapar of the Sixth Circuit. In Wright v…. Read more »
10/10/2019
Please consider joining well-respected federal litigator Jim Theuer and (less well-respected) me as we present a 2-hour CLE on advanced issues in federal court practice. The CLE is sponsored by the NPBA, and registration information is here. We anticipate the first hour will be dedicated to how to get into and stay out of federal… Read more »
10/04/2019
A motion to enforce a settlement agreement in the EDVA is a good reminder that until all the paperwork is signed, and the money is in your client’s hand, cases are not necessarily over. In Brunelle v. Norfolk Southern Railway Co., 2:18-cv-290, the Plaintiff requested the Court reopen the dismissed case and enforce the settlement… Read more »
10/01/2019
Beer was a more central topic of a recent Supreme Court nomination battle in the Senate than ever before. One appellate step below the Supreme Court, it was also the central topic of a recent 7th Circuit oral argument and case. Before the Court were questions concerning a preliminary injunction about Bud Light’s “Corn Syrup”… Read more »
