Legal Alert

Statutes, Statues, and Municipal Constitutional Rights, Oh My.

08/23/2019Paul, Dustin M.

The EDVA made the national news this week with a story that the City of Norfolk has sued the Commonwealth of Virginia in the district seeking a declaratory judgment that it could move a statue in downtown Norfolk commemorating the efforts of the Confederacy during the Civil War.  A copy of the Complaint is here…. Read more »

I’m Well-Versed in Bird Law.

08/14/2019Paul, Dustin M.

Whether for work or vacation, many of us have traveled to and from North Carolina.  Some of us have seen or interacted with the state’s law enforcement officials.  I had my own interaction once; the officer and I were very cordial to one another, and the speeding ticket he issued was deserved.  But others take… Read more »

EDVA CASE TO WATCH (UPDATE): BACK BAY RESTORATION V. US ARMY CORPS OF ENGINEERS

08/09/2019Paul, Dustin M.

On July 24th, we discussed a suit 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.  In the Complaint, the Plaintiff was seeking a preliminary injunction to stop any further activity. It appears… Read more »

You Should Read this 26 Page Opinion on ERISA—No, really.

08/08/2019Paul, Dustin M.

On July 10, 2019, the Sixth Circuit issued an opinion in Wilson v. Safelite Group, Inc., No. 18-3408.  The case deals with the issue of whether an employee benefit plan is covered by ERISA and whether certain state law claims by the former CEO of the Defendant are preempted.  But unless you practice in this… Read more »

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 »

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 »

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 »

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 »