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The Lawletter Blog
CIVIL PROCEDURE/INTERLOCTURY APPEALS: The Collateral Order Doctrine May Not Save an Immediate Appeal of a Denial of Summary Judgment Based on the Qualified Immunity Defense
ZONING: Virginia Court of Appeals: A Rezoning Application for a Private Facility...
EMPLOYMENT: Employer Inquiries About Employee’s Plans to Retire
Attorney and Client: Defamation Crime-Fraud Exception to the Attorney-Client Privilege Is Not Applicable to Defamation Claims
CONSTITUTIONAL LAW: The First Amendment and Personal Social Media
TAX: Retroactive Documentation of “Bona Fide Loans”
CORPORATIONS: The Nature of a Shareholder-Derivative Action
BUSINESS LAW: Considerations Before Taking on a Cannabusiness Client
TORTS: Duty of Care by a Supplier of Tools or Chattels
ELECTION LAW: Federal District Court Judge Orders Georgia Lawmakers to Redraw Congressional Map for the 2024 Election
CRIMINAL LAW: The Extent of Judicial Power in Sentencing Pursuant to a Federal Plea Agreement
CORPORATIONS: When Traditional Standing Rules Do Not Apply to Shareholder Derivative Actions
BUSINESS LAW: ChatGPT, LLMs, and Legal Research
CIVIL PROCEDURE: The Utility of a Declaratory Judgment Action
PROPERTY SCOTUS: Government Cannot Sell House to Recover Unpaid Taxes and Keep the Excess
AUTOMOBILE INSURANCE: UIM Changes
ESTATES: Personal Representatives/Methods for Determining Fair Compensation
PUBLIC LAW: The Continued Vitality of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
EMPLOYMENT: Disparate-Impact Cases Under the ADEA Are Not for the Faint of Heart
BANKRUPTCY: Eleventh Circuit Addresses Nuances in Preference Litigation
BANKRUPTCY: The Bankruptcy Court's Discretionary Authority Under Rule 1016 to Allow Further Administration of a Chapter 13 Case
CIVIL RIGHTS: SCOTUS: Use of Un-Mirandized Statement Does Not Serve as Basis for § 1983 Claim
CIVIL PROCEDURE: Rule 60(b)(1) “Mistake” Includes a Judicial Error of Law
FAMILY LAW: Prejudgment Attachment and Child Support
ATTORNEY AND CLIENT—LEGAL ETHICS “Reply All” Only When You Mean It
TORTS: Claims for Both Direct Negligence and Vicarious Liability
BANKRUPTCY: Exceptions to Bankruptcy Discharge for Fraudulently Incurred Debts
ESTATES: Is It Legal to Inherit Objects Made from Endangered Species Parts?
CIVIL PROCEDURE: Fourth Circuit Reverses Course on Case-by-Case Approach to What Is a “Final Decision”
TAX: Foster-Home or Difficulty-of-Care Health Services by Individuals
PROPERTY: Effect of Divorce on Judgment Lien for the Debt of One Spouse
EMPLOYMENT: Workplace Drug-Use Policies and State Medical/Adult-Use Marijuana Laws
CONTRACTS LAW: Importance of Carefully Drafting Contractual Choice-of-Law Clauses
ADMIRALTY: Statute of Limitations for Wrongful Death
INSURANCE: Limits on Homeowner’s Insurance Coverage for Farm-Type Vehicles
PROPERTY: Short-Term Rentals, Such as VRBO and Airbnb, and Use Restrictions
INSURANCE: Evidence—Admissibility of Tortfeasor’s Insurance Coverage
ESTATES: Estate Planning—Gifts by an Attorney-in-Fact
CONSTITUTIONAL LAW: Ban on Possession of Large-Capacity Magazines Did Not Facially Violate the Second Amendment
BANKING: Standing to Enforce UCC Midnight Deadline Rule
LABOR & EMPLOYMENT LAW: Love in the Time of COVID-19
ATTORNEY AND CLIENT: Ethical Considerations in a Virtual Practice
CIVIL RIGHTS/CRIMINAL LAW: In Pursuit of Fleeing Misdemeanants: SCOTUS Rejects Categorical Rule of Exigency
CIVIL RIGHTS/CONSTITUTIONAL LAW: Pitt Bull Owners’ § 1983 Action May Proceed
EMPLOYMENT: Title VII Plaintiff May Seek Punitive Damages After Releasing Compensatory Claim
CONSTITUTIONAL LAW: History and the Application of the Second Amendment
BANKRUPTCY: Damages Awarded for Pursuit of Divorce Case in Violation of Automatic Stay
CRIMINAL LAW: Sex Offender Registration Requirement
LANDLORD AND TENANT: Reimbursement of Tenant for Improvements to Leased Premises
WILLS: Construction of Survival Clause—Beneficiaries Who Predecease Distribution
CIVIL PROCEDURE: Successive Motions for Summary Judgment—When to Try for a “Second Bite at the Apple”
CORPORATE LAW: Delaware’s New Universal Test for Demand Futility—A Game Changer?
PERSONAL INJURY: Bystander Recovery for Grandparents
PROPERTY: Landlord’s Due Process Rights Not Violated by COVID-19 Moratorium on Evictions
BANKRUPTCY: TALC Powder Bankruptcy
ATTORNEY AND CLIENT—LEGAL ETHICS: In the Matter of Rudy Giuliani
CRIMINAL LAW: Ineffective Assistance—Death Penalty
EMPLOYMENT: Supreme Court Rebuffs Another Challenge to the ACA
PERSONAL INJURY: Technology Expands Recovery for Negligent Infliction of Emotional Distress
TAX: Sales Tax Pandemic—Facemasks
EMPLOYMENT: Title VII and "Supervisors"
CONTRACTS: An Object Lesson in How Not to Mitigate Damages
PERSONAL INJURY: Tort Immunity for Nonprofit Volunteers Is Limited to Their Organizational Roles
ESTATE PLANNING: Pet Trusts
CIVIL PROCEDURE: Attorney's Fees as Damages for Breach of Covenant Not to Sue
PROPERTY: Virginia Civil Forfeiture Eclipsed by Tenancy-by-Entirety Immunity
EMPLOYMENT: Exotic Dancers—Employees or Independent Contractors?
GIFTS: Beneficiaries/Disqualification to Take/Ingratitude
CIVIL PROCEDURE: Responding Competently to Incompetently Drafted Pleadings
CIVIL PROCEDURE: What Happens to a Derivative Action When the Company Settles a Parallel Lawsuit?
TAXATION: Taxation of Early Withdrawal from Retirement Account; COVID Exception
ADMINISTRATIVE/IMMIGRATION LAW: Chevron Deference Does Not Always Result in Support for the Government's Position
CIVIL PROCEDURE: COVID-19 Venue Issues and Relevant Practical Problems
ESTATES: Multiple Wills—Reconciliation—Choice of Personal Representative
EMPLOYMENT: Gay and Transgender Employees Are Protected by Federal Antidiscrimination Statute, Supreme Court Holds
CRIMINAL LAW: Insanity Defense
CIVIL PROCEDURE: Maritime Law—Could COVID-19 Cruise Ship Passenger Litigation Sink the Cruise Line Industry?
PROPERTY: Landlord Liability for Wrongful Death
CIVIL PROCEDURE: Bid to Recover Picasso Painting Foiled in Rare Case Where Laches Defense Overcomes Express Statute of Limitations
CORONAVIRUS: Hoarding During the Pandemic
CONTRACTS: Emergency Orders and Delayed/Excused Action
FEDERAL TORTS CLAIMS ACT: Feres Doctrine Cracked? Opening of Pandora's Box or Further Encasement in Stone?
ESTATES: Can Legitimacy of a Putative Heir Be Challenged in an Intestacy Administration?
INSURANCE: Business Interruption—COVID-19 Claims
FIRST AMENDMENT/PUBLIC HEALTH: Freedom of Religion During the COVID-19 Pandemic
PROPERTY: Landlord Tenant/Constructive Eviction and Breach of Covenant of Quiet Enjoyment
CONTRACTS: Virginia Unconscionability Decision Shows That Extreme Facts May Indeed Make Bad Law
CONTRACTS: Contract Excuses and the COVID-19 Pandemic
FAMILY LAW: Custody, Visitation, and COVID-19
EMPLOYMENT: Recent Legislation Provides Coronavirus Relief for the American Workforce
CIVIL PROCEDURE: Effect of COVID-19 Pandemic on Discovery Deadlines
TRUSTS: Release of Trustee from Liability for Retaining an Investment
PROPERTY: Court Requires Cemetery to Remove a Decedent Mistakenly Buried in Plaintiff's Gravesite
EMPLOYMENT: Virginia Values Act—Employment & Public Accommodation Discrimination Against LGBT
CIVIL RIGHTS: Solitary Confinement of Juvenile Offenders Struck Down in Florida
CRIMINAL LAW: Fourth Circuit Panel Rules That Probable Cause Is a Mere Click Away
CONSTITUTIONAL LAW: Court Upholds Ordinance Prohibiting Discrimination Against Public Assistance Recipients
CIVIL PROCEDURE: Is Virginia Inching Toward The Federal Twiqbal Pleading Standards?
PROPERTY: When Partition by Division of Sale Proceeds Is Appropriate
PATENTS: A Federal Agency Is Not a "Person" for Purposes of Review of the Validity of a Patent Under the Leahy-Smith Act
PERSONAL INJURY: Medical Malpractice—Liability Without a Doctor-Patient Relationship
CIVIL PROCEDURE: Contractual Waivers of the Statute of Limitations Unenforceable in Virginia
APPELLATE PRACTICE: Sanctions Including Dismissal and Fines Imposed over Noncompliant Briefs
TORTS: Immunity of Yelp for Derogatory User Comments
PROPERTY: Barking Dogs Results in Competing Nuisance Claims Between Neighbors
WILLS: Succession to the Estate of French Rock Star Johnny Hallyday
CIVIL RIGHTS: The ADEA's Numerosity Requirement Does Not Apply to Governmental Defendants
CRIMINAL LAW: Mere Possession of Concealed Firearm Does Not Justify Terry Stop
CIVIL PROCEDURE: Dismissal of Frivolous Prisoner and In Forma Pauperis Actions in Federal Court
CONSTITUTIONAL LAW: Requiring Major Political Party Affiliation for State Court Judges Runs Afoul of First Amendment Right of Association
ESTATES: Gifts Under a Power of Attorney
FAMILY LAW: Modern Technology and the Definition of "Writing"
TORTS: Government's Liability for Child Abuse by Foster Parents
WILLS: Scope of Description "Personal Effects"
TAX: Minimum Contacts Necessary for Taxation of Trust
EMPLOYMENT LAW: When Can an Employer Require an Employee to Undergo a Medical Exam Under the ADA?
CIVIL PROCEDURE: Seeking Appellate Relief Under Mandatory Standard of Review Theory
EMPLOYMENT: Arbitration—“Gateway Issues”
CRIMINAL LAW: No Constitutional Right to Engage in Bestiality
CIVIL RIGHTS: Noncitizen Charged with Deportable Crime Is Entitled to Jury Trial
ATTORNEY AND CLIENT: Maintaining Professional Competence in the Digital Age
FAMILY LAW: Admissibility of GPS Surveillance Data in Civil Cases
PERSONAL INJURY: Liability for Employer's Failure to Obtain Workers’ Compensation Insurance
CIVIL PROCEDURE: Facebook's Alleged Intrusion on Users' Privacy Confers Standing to Maintain Class
BUSINESS LAW: Is Predictive Dialer an Autodialer Subject to the Telephone Consumer Protection Act?
EMPLOYMENT: Disability Discrimination in Employment—Health-Care Employer
TORTS: Therapist's Liability for Eliciting False Memories of Sexual Abuse
TAX: Free Like-Kind Exchanges of Property
EMPLOYMENT: Age Discrimination—Public Employers
FAMILY LAW: Role of Assets in Determining Amount of Alimony
CONTRACTS: Investigating and Defending Against Student Loan Claims
PRODUCTS LIABILITY: No Due Process Violation in Application of Collateral Estoppel
ESTATE PLANNING: Lifetime Gifts of Closely Held Business Stock to Family Members
EMPLOYMENT LAW: EPA Prohibits Using Prior Salary in Establishing Initial Pay
CREDITOR’S RIGHTS: IRS Form 1099-C—Reporting Requirement or Debt Extinguishment Trap?
BANKRUPTCY: Reluctant Judicial Enforcement of Prepetition Automatic Stay Waivers
INSURANCE: Automatic Revocation of Beneficiary upon Divorce
ESTATES: Succession to the Estate of Charles Manson
EMPLOYMENT: Breach of Fiduciary Duty and Unfair Competition
CRIMINAL LAW: Fourth Amendment Applies to Cell Site Location Information
TAX: Sales and Use Tax: The End of the “Physical Presence” Test
CONSTITUTIONAL LAW: Convicted Domestic Abuser's Gun Rights Go Up in Smoke
PROPERTY: Do Short-Term Vacation Rentals Violate Covenant Prohibiting Commercial Activity or Use?
CIVIL PROCEDURE: Submission of Materials Outside the Pleadings in Response to a Rule 12(b)(6) or Rule 12(c) Motion
CIVIL RIGHTS: SCOTUS Overturns Lower Courts' Conclusions on Probable Cause And Qualified Immunity
TORTS: Is Your Computer Tracking You?
BANKRUPTCY: Effect of Prior Bankruptcies on Civil Litigation
WORKERS' COMPENSATION: Exclusivity—Employer’s Failure to Obtain Insurance
PROPERTY/LANDLORD TENANT: Can a Tenant Use the Exclusionary Rule When Fighting an Eviction?
CRIMINAL LAW: Second Circuit Upholds Restrictions on Removing "Premises Licensed" Handguns from Premises
FAMILY LAW: Social Security Dependency Benefits and Alimony
CONTRACTS: The Importance of Distinguishing a Contracting Party from a Stranger
PROPERTY: Landlords' Liability to Guest of Tenant for Dog Bite Injury
TORTS: Expanding Virginia's Anti-SLAPP Legislation
CRIMINAL LAW: Was Traffic Stop Unlawfully Prolonged in Violation of Rodriguez?
CONTRACTS: Obligation to Support Parent Under Taiwanese Law
CONTRACTS: Like Oil and Water: Contract and Tort Claims Don't Mix in Virginia
ESTATES: Removal of an Executor or Trustee
PROPERTY: Construction of Structure Blocking a Neighbor’s View Not a Nuisance
LOCAL AND STATE GOVERNMENT: State Is Immune from Liability for Sexual Abuse by Adopted Child
Civil Procedure: Laches in Cases Where Suit Is Commenced
TORTS: Social Host's Legal Duty to Render First Aid
PERSONAL INJURY: Comparative Fault in Crashworthiness Cases
FRAUD: CFTC Sues Bitcoin Ponzi Scheme Operator
CREDITORS RIGHTS/CONTRACTS LAW: Revoking Contractual Consent to Receive Creditor Phone Calls
PRODUCTS LIABILITY: Similar Incident Evidence Admissible in Unintended Acceleration Case
PROPERTY: Expansion of Easements by Necessity in Virginia
CRIMINAL LAW: No Right to Use Forfeited Substitute Assets to Pay for Appeal Counsel
Civil Rights Litigation: The Supreme Court Further Restricts Bivens Actions
TAX: U.S. Tax Court Quotes Show Business Celebrity
PROPERTY: Landlord's Liability for Collapsed Deck
EMPLOYMENT DISCRIMINATION: Long-Term Leave Is Not a Reasonable Accommodation
CRIMINAL LAW: Digital Cameras Held Outside Scope of Search Incident to Arrest Exception
CIVIL RIGHTS: Third Circuit Joins Sister Circuits in Recognizing Right to Record Police
PERSONAL INJURY: Suicide as Intervening Event
CIVIL PROCEDURE: International Service of Process via Twitter
TRUSTS: Creation/Timing of Self-Proving Affidavits
CIVIL PROCEDURE: Issue Preclusion Between Claims Arising Under Two Different Statutes
PERSONAL INJURY: Effect of Injured Party's Immigration Status
EMPLOYMENT LAW: Are Gay, Lesbian, and Bisexual Employees Protected from Discrimination Under Title VII?
EDUCATION LAW: Scotus Offers Circuits Guidance as to Scope of 20 U.S.C. § 1415(l) and the Exhaustion of Administrative Remedies
CONTRACTS: Breach-of-Contract Claims in Medical Malpractice Cases Require Breach of Additional Promise
TORTS/SOVEREIGN IMMUNITY: Foreign-Country Exception to the Federal Tort Claims Act
PATENT LAW: Laches Defense No Longer Available in Patent Infringement Cases
MARITIME LAW: Is Consumption of Fuel Stores During a Hijacking Event Covered by General Average?
CRIMINAL LAW: Due Process Demands Return of Court Costs, Fees, and Restitution When Conviction is Overturned
CONTRACTS—Arbitration: Nonexistence of Designated Arbitral Institution at Time of Dispute May Void Mandatory Arbitration Requirement
CRIMINAL LAW: Texas Good-Faith Exception to Exclusionary Rule Applied to Illegal Drug Sniff
TAX: Corporate Income Tax Reform
ATTORNEY AND CLIENT: Attorneys Must Preserve Confidential Information While Executing Judgment for Fees
CIVIL PROCEDURE: Effect of Dismissal Without Prejudice in Mortgage Foreclosure Suits
PROPERTY: Landlord and Tenant: Landlord's Waiver of Right to Charge Penalty for Late Rent Payment
PROPERTY: Realtor's Written Contract with a Co-Owner Binding on the Other Owners
CONSTITUTIONAL LAW: Maryland "Assault Weapon" Ban Upheld by Fourth Circuit
CIVIL PROCEDURE: Objecting to Requests for Production under the Federal Rules
Vanguard Profiles NLRG
Federal Tort Claims Act—Effect of State Time Limitations
TAX: Legal Issues Arising from Tax-Related Identity Theft
FAMILY LAW: Custody Is Determined in Child's Home State, Not State Where Divorce Is Filed
TRUSTS: Charitable Trusts and Bankruptcy Proceedings
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