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. … Read more
I spend a lot of time handling cases on or near the waterfront. One recent opinion caught my eye. Judge Jackson ruled on a Motion to Dismiss concerning an oyster farm and distribution business. The individual defendants were the founders… Read more
As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle finger extended.” … Read more
[Reprinted from “Fed Tide”—newsletter of the Hampton Roads Chapter of the Federal Bar Association. If you are not a member, and you practice in Hampton Roads, you should be!] Few litigators like discovery. It can be extensive, expensive, and irritating. … Read more
On a vote of 93-2, the Senate confirmed the EDVA’s newest judge. The Honorable Roderick C. Young will now preside over cases in Hampton Roads. Who are the two senate holdouts? Chuck Schumer of New York and Richard Blumenthal of… Read more
The world has changed. One day you are taking your boy to Disney, he is hugging every character in sight, and life feels carefree. Two weeks later, you worry about going to the grocery store, and your son doesn’t even… Read more
Everyone likes to have the last word. Indeed, often dubbed the “recency effect” there is scientific support that going last may increase persuasion. But in ordinary motions practice in the EDVA, the movant both goes first and last. Local Rule… Read more
We previously discussed the suit in the EDVA brought by the City of Norfolk against the Commonwealth of Virginia to try and remove the civil war monument in downtown Norfolk. Service has been waived, and we can now expect responsive… Read more
On a previous post on the blog, we discussed the increased judicial focus on “corpus linguistics,” the use of searchable databases to find specific examples of how a word is used at a given time. The idea got additional appellate… Read more
Please consider joining well-respected federal litigator Jim Theuer and (less well-respected) me as we present a 2-hour CLE on advanced issues in federal court practice. The CLE is sponsored by the NPBA, and registration information is here. We anticipate the… Read more
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