Articles

In last year’s Presidential election, the problem of illegal immigration was often center stage. President-elect Trump made it clear that he would be aggressive in rounding up and deporting those who are not lawfully in the United States. During the first Trump Administration, the effort to combat illegal immigration included an increased use of workplace inspections of employers’ hiring records and practices by federal authorities.  There is every reason for employers to anticipate this same type of aggressive enforcement will be pursued following the second Trump inauguration. A focus on workplace hiring practices should come as no surprise.  According to […]

In Royal Canin U. S. A., Inc., v. Wullschleger, No. 23-677, 2025 U.S. LEXIS 365 (2025), the Supreme Court of the United States resolved a circuit split as to whether a plaintiff’s amendment of her complaint after the defendant’s proper removal to federal court can eliminate all federal claims and force remand to state court. This opinion, the Court’s first of 2025, clarifies that federal courts must remand if the amended complaint removes the basis for federal jurisdiction, even if jurisdiction existed at the time of removal. The plaintiff, Ms. Wullschleger, sued Royal Canin in Missouri state court, alleging deceptive […]

The relation-back doctrine plays a pivotal role in litigation, particularly when addressing amendments to pleadings after the statute of limitations has expired. In Virginia, this doctrine and its evolution through case law and legislation have created an intricate legal landscape, making it essential for practitioners to understand its nuances. The relation-back doctrine allows amendments to pleadings to be treated as though they were part of the original filing, provided specific conditions are met. This concept is crucial when the original complaint is filed before the statute of limitations expires, but amendments are sought afterward. The primary question is whether the […]

On January 15, 2025, a unanimous Supreme Court ruled that the preponderance of the evidence standard should be used by courts when determining whether an employer has proven that an employee is exempt and not eligible to be paid overtime.[1] Justice Kavanaugh began his opinion by noting that under the Fair Labor Standard Act (“FLSA”) certain categories of employees are exempt from the minimum wage and overtime pay requirements. Exempt employees “can range from baseball players to seaman to maple syrup processors to software engineers to fire fighters.” The FLSA places the burden on the employer to show that an […]

As a reminder, Virginia is one of eleven states (along with Washington, D.C.) that imposes restrictions on the use of non-compete agreements for so-called “low wage employees.” Effective now in 2025, the salary threshold defining a “low wage employee” in Virginia has increased from $73,320 to $76,081 annually. This adjustment reflects changes to the state’s Average Weekly Wage, as determined by the Virginia Department of Labor and Industry (DOLI). Employers should take note of this updated threshold to ensure compliance with Virginia law regarding non-compete agreements. For a deeper understanding of the “low wage” salary restrictions and how the annual […]

Work-related injuries occur in an endless and variety of ways. In those instances where injuries happen when an employee is in the course of his/her employment and the accident arises out of a risk of that employment, workers’ compensation benefits should be available to the injured worker. If the actual injuries themselves were “caused” by a defective product or the negligence of a third party, then the injured employee can collect both workers’ compensation benefits and recover money damages against the third party at the same time. At first blush, Virginia law on this subject might seem like a double […]

No cap[1]; in Virginia medical malpractice actions, your recovery is capped, regardless of the amount of damages you actually sustained. The items of damage that are recoverable depend on the nature of the injury sustained. If the patient suffered injury short of death, their damages can include items such as pain and suffering, humiliation and embarrassment, inconvenience, medical expenses, lost wages, etc.[2] If the injury resulted in death, the decedent’s statutory beneficiaries can recover damages including sorrow, mental anguish, loss of companionship, lost support from income, expenses for the care and treatment for the deceased patient, funeral expenses, etc.[3] Regardless […]

When an individual starts looking for a personal injury lawyer in Virginia, they are often doing so shortly after one of the worst days of their lives. This is doubly true when a parent is looking for legal advice after the death of a child. Virginia, like many states, has a cause of action for wrongful death.[1] This statutory cause of action allows for a personal representative of a deceased individual to bring suit on behalf of the deceased individual’s “statutory beneficiaries.” This statute did leave some questions, however, that were in need of interpretation. For instance, what if a fetus […]

When you are injured at work, whether you can sue anyone depends on the identity of the person who caused your injury.  An experienced personal injury lawyer can give you advice which considers the circumstances of your case. 1. Who you CAN’T sue:   If your accident is covered under workers’ compensation, you are NOT permitted to sue your employer or any co-worker.  Your employer is responsible only for paying you a weekly benefit for wage loss and paying the cost of necessary medical treatment for your injury, both as provided in the Virginia Workers Compensation Act. 2. Why you should […]

When Deputy Attorney General Lisa Monaco announced in October 2021 that the Department of Justice would be pursuing a new initiative to combat cybersecurity related fraud, white-collar criminal defense attorneys took notice. DAG Monaco’s message in that announcement was clear: DOJ plans to combine its expertise in fraud enforcement and government procurement to aggressively pursue cyber threats and cybersecurity related fraud. Since that time, DOJ has secured a number of high-profile settlements that have sent the message to government contractors that misrepresenting their cybersecurity posture or failing to report a breach will result in a costly DOJ enforcement action. The […]