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Articles

Virginia Federal Court Dismisses Employee’s COVID-19-Related Wrongful Termination Lawsuit

12/01/2020 by Michael D. Pierce, Esq. ArticlesLabor & Employment

For Virginia employers, 2020 has turned their world upside down between the complicated issues arising from the coronavirus pandemic and a wave of new state employment laws.  However, a recent decision issued in the United States District Court for the Eastern District of Virginia lends some support to employers exercising discretion and caution in this… Read more »

Make It Stop: What A Court Can And Can’t Order A Defamation Defendant To Stop Saying

11/30/2020 by Daniel L. Stephens, Esq. ArticlesBusiness

A defamatory statement or publication can cause serious damage to a person’s business or professional reputation. Monetary damages are always available to the victim of defamation, but in some cases, damages do not fit a client’s situation or needs. For example, in many circumstances, the person making the defamatory statements has done so on numerous… Read more »

Magistrate Judge Leonard holds that the FRCP Require Parties to Sign Authorizations

11/26/2020 by Dustin M. Paul, Esq. ArticlesLegal AlertThe EDVA Norfolk Blog

As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records.  Federal statutes may create confidentiality issues, or a state agency may require a Court order for the production of documents.  And there have been times that I have been… Read more »

Non-EDVA Opinion of the Month: Candy Sticks and the 3rd Circuit

11/19/2020 by Dustin M. Paul, Esq. ArticlesLegal AlertThe EDVA Norfolk Blog

Intellectual Property law—be it patent, trademark, or trade dress—can sometimes center a huge financial dispute on a remarkably simple issue.  The Third Circuit reinforced that idea with its recent decision in Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp. At issue was whether the Defendant could keep selling “thin, stick-shaped cookies. . . partly coated… Read more »

A Quick Refresher on the Association Complaint Procedure

11/18/2020 by Kathleen Panagis, Esq. ArticlesCommunity AssociationsCoronavirus

In July 2020, I was slated to co-present at the Virginia Leadership Retreat (“VLR”) on a program titled It’s the Association Feud! Surveys of the Ombudsman’s Determinations of Final Adverse Decisions to Complaint, After Complaint…After Complaint. In preparation of our presentation, my co-presenter and I spent many months reviewing and summarizing the 200-plus determinations issued… Read more »

Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And Contract Administration

11/16/2020 by Daniel Salmon, Esq. ArticlesConstructionGovernment Contracts

The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests.  Bid protests are challenges to the terms of a solicitation or to the award of a federal contract.  Post-award protests are generally the result of an interested, but unsuccessful, offeror challenging the agency determination that another… Read more »

To Lawyers, “R&R” Doesn’t Only Refer to Rest and Relaxation

11/12/2020 by Dustin M. Paul, Esq. ArticlesLegal AlertThe EDVA Norfolk Blog

The Norfolk and Newport News divisions are blessed with three experienced and able magistrate judges.  The judicial office of magistrate judge was created by statute in 1968—more accurately, the position was created in 1968, but the title Magistrate Judge came from the Judicial Improvements Act of 1990.[1]  28 U.S. Code § 636(b)(1)(a) provides that a… Read more »

Circuit Court Upholds Rule Requiring Residents to Sign Assumption of Risk Form As a Condition to Using Certain Common Areas During the Pandemic

11/06/2020 by Deborah M. Casey, CCAL®& Kathleen Panagis, Esq. ArticlesCommunity AssociationsCoronavirus

A Charlottesville Circuit Court held that a rule promulgated by a Virginia property owners’ association requiring residents to sign an assumption of the risk form prior to using certain common areas was reasonable.  See Norman v. Foxchase Owners’ Assoc., Inc., Case No. CL20-1481 (Albemarle Cnty., Oct. 30, 2020).  From what can be gleaned from a… Read more »

BOOOOO!

10/31/2020 by Dustin M. Paul, Esq. ArticlesLegal AlertThe EDVA Norfolk Blog

As a special Halloween Treat, we look at a recent Motion to Dismiss ruling by Judge Doumar. The facts are colorful.  An unidentified SeaWorld employee, dressed as a clown, was working at the Howl-O-Scream event at Busch Gardens in 2018.  He intentionally startled Plaintiff while she was using a set of lockers to store her… Read more »