The EDVA Norfolk Blog

Court Room

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

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 we will never get a ruling on the preliminary injunction.  ...
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Law and Justice Concept. Mallet of the Judge, Books, Scales of Justice.

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

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 area, you can actually skip the first 12 pages of ...
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Court Room

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

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 cases—are either pro se filings, filed by an incarcerated prisoner, ...
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EDVA CASE TO WATCH: Back Bay Restoration v. US Army Corps of Engineers,

 (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 the Foundation asserts its claims against the government, believes this ...
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EDVA TRIVIA: Once the Fourth Circuit Overturned Justice Rehnquist!

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 misconduct by a fellow officer.  Judge Rehnquist denied a motion ...
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Waste Seperation

Non-EDVA Case of the Month (July)

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 vehicles into a public park, what exactly is prohibited from ...
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Law and Justice Concept. Mallet of the Judge, Books, Scales of Justice.

EDVA CASE TO WATCH: Morrison v. Norfolk Southern

(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 mass index to depression, but asserts that neither his weight ...
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Statue of Justice

EDVA OPINION WATCH: Judge Smith Sustains Limited Objection to Report and Recommendation

I’ve been asked by clients before whether it is worth the time and effort to file objections to a Report and Recommendation (“R&R”) prepared by a Magistrate Judge and have the issue reconsidered by the District Court Judge.  Of course, under Rule 72(b) the consideration by the District Judge is de novo.  But as a practicable matter, do the district judges in this District ever ...
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Statue of Justice

Judge Rebecca Beach Smith Will Take Senior Status

Former Chief Judge of the Eastern District of Virginia, the Honorable Rebecca Beach Smith, will take senior status effective August 1, 2019.  The U.S. Courts website now lists her seat as a “future vacancy” and lists her senior status as the reason for the vacancy.  Appointed by President George H.W. Bush in 1989, she was the first female federal judge in Virginia.  She would later ...
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Vandeventer Black Attorney Dustin M. Paul 2

In the Words of Office Space, “What Would You Say You Do Here?”

The internet does not lack for content, and you might think it takes a certain conceit to believe you have something original or interesting to add to the overwhelming volume.  Of course, a quick review of the average Instagram or Tumbler account would quickly inform you that the bar for new content is set extremely low.  We hope to meet that low bar. This blog, ...
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