At the beginning of most cases filed in state court, litigants must make up their mind whether they want to exercise their right to a jury trial. This decision requires consideration of multiple factors such as: What kind of case is it? Are the issues complex? Is a jury likely to find one side or… Read more »
After almost six years of tiptoeing around medical cannabis and decriminalization, Virginia appears poised to take the plunge into legalization of the recreational use of marijuana. On February 5, 2021, the General Assembly passed two bills that would legalize the recreational use of marijuana and is currently working to reconcile the differences between those bills. As Governor Northam supports legalization, it appears that there is… Read more »
No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays. In NIKA Technologies v. United States, the Federal Circuit reversed a Court of Federal Claims (“COFC”) decision requiring an automatic stay of contract performance pursuant to the Competition in Contract Act… Read more »
The federal Occupational Safety and Health Administration (“OSHA”) recently released Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“OSHA Guidance”). The OSHA Guidance is similar to the Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (“Virginia Standard”) recently approved by the Virginia Occupational Safety and… Read more »
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.
This past year marked the 30th Anniversary of the Americans with Disabilities Act (ADA). The Act was signed into law on July 26, 1990. The Act is a civil rights law that promotes the inclusion of people with disabilities in every aspect of life, including existing buildings and facilities. Under Title III, the Act defines… Read more »
On January 21, 2021, the State Water Control Board (“Board”) published draft amendments to the Chesapeake Bay Preservation Area Designation and Management Regulations that would require localities to incorporate coastal resilience and climate change adaptation into local land use ordinances. This draft regulation implements amendments to the Chesapeake Bay Preservation Act (“CBPA”) passed during the… Read more »
A Virginia court has issued a ruling that’s welcome news to community associations struggling with how to keep owners happy while reducing the risk of COVID-19.
On, January 27, 2021, Governor Ralph Northam approved the Virginia Occupational Safety and Health (VOSH) Program’s Final Permanent Standard for Infectious Disease Prevention of the SAR-CoV-2 Virus that Causes COVID-19 without change from the standard approved by the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board on January 13, 2021. This… Read more »
Since March 2020, society has learned how to navigate through and adjust to many upheavals and changes caused by the COVID-19 pandemic. This is certainly true for community associations conducting business and carrying out routine operations. Looking back on what was an extraordinary year due to the pandemic provides clarity for Virginia community associations about… Read more »