It’s Not Over ’til it’s Over

A motion to enforce a settlement agreement in the EDVA is a good reminder that until all the paperwork is signed, and the money is in your client’s hand, cases are not necessarily over. In Brunelle v. Norfolk Southern Railway… Read more

October 4, 2019 | EDVA Norfolk Local Counsel | Legal Alert

“I Like Beer”: Non-EDVA Case of the Month

By Dustin M. Paul

Beer was a more central topic of a recent Supreme Court nomination battle in the Senate than ever before. One appellate step below the Supreme Court, it was also the central topic of a recent 7th Circuit oral argument and… Read more

October 1, 2019 | EDVA Norfolk Local Counsel | Legal Alert

You Can’t Win if You Don’t Play

By Dustin M. Paul

In a terse opinion, Judge Jackson dismissed the claims of the plaintiff in Mortensen v. SeaWorld Parks & Entertainment, LLC, 4:19-cv-00038. The defendant served discovery on May 15, 2019. But the plaintiff apparently never communicated with her attorney despite attempts… Read more

September 30, 2019 | EDVA Norfolk Local Counsel | Legal Alert

A Proposed Amendment to Rule 7.1

By Dustin M. Paul

The Advisory Committee on Civil Rules has released a proposed amendment to Rule 7.1 regarding disclosure statements filed in district courts. The proposed modification requires parties in diversity cases to file a disclosure statement that “names—and identifies the citizenship of—every… Read more

September 3, 2019 | EDVA Norfolk Local Counsel | Legal Alert

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

By Dustin M. Paul

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… Read more

August 23, 2019 | EDVA Norfolk Local Counsel | Legal Alert

EDVA BY THE NUMBERS: How Frequently are Magistrates Overseeing Cases in Norfolk?

By Dustin M. Paul

As we noted in a previous post, the parties in that case consented to a Magistrate Judge assuming jurisdiction over their claims. That option is presented in every civil case, and is a topic that is always addressed in the… Read more

August 19, 2019 | EDVA Norfolk Local Counsel | Legal Alert

EDVA OPINION WATCH: Beware: Your “Notice Of Claim” May Not Be a Notice of Claim

By Dustin M. Paul

Judge Doumar issued an interesting opinion In Re Vulcan Construction Materials, LLC, As Owner of the Tug Jeanie Clay, Case No. 2:18-cv-00668. The case came before the Court as a maritime Limitation of Liability Act case in which a vessel… Read more

August 15, 2019 | EDVA Norfolk Local Counsel | Legal Alert

I’m Well-Versed in Bird Law.

By Dustin M. Paul

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… Read more

August 14, 2019 | EDVA Norfolk Local Counsel | Legal Alert

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

By Dustin M. Paul

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… Read more

August 9, 2019 | EDVA Norfolk Local Counsel | Legal Alert

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

By Dustin M. Paul

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… Read more

August 8, 2019 | EDVA Norfolk Local Counsel | Legal Alert

EDVA Norfolk Local Counsel