Justia Civil Procedure Opinion SummariesArticles Posted in Virginia Supreme Court
Anthony v. Verizon Va., Inc.
Plaintiffs were former employees by Verizon Virginia, Inc. Plaintiffs sued Verizon and the Communication Workers of America, AFL-CIO District 2 after Plaintiffs accepted an “Enhanced Income Security Plan” based on the assurances that they would not be terminated but were nonetheless terminated. Defendants filed notices of removal to the federal district court, arguing that Plaintiffs’ state-law claims were completely preempted by section 301(a) of the Labor Management Relations Act (LMRA). The district court concluded that Plaintiffs’ state-law claims were not completely preempted and there was no federal jurisdiction. On remand, the circuit court agreed with Defendants on the complete preemption issue and dismissed the case. The Supreme Court reversed, holding (1) the circuit court erred by dismissing Plaintiffs’ claims for lack of jurisdiction, even if they were completely preempted; and (2) Plaintiffs’ claims were not completely preempted. View "Anthony v. Verizon Va., Inc." on Justia Law
Commonwealth v. Amos
Antonio Amos was convicted of assaulting his estranged wife, Felecia Amos, and ordered not to contact or harass Felecia. Felecia subsequently alleged that Antonio had harassed her. The Assistant Commonwealth’s Attorney sought and obtained a rule to show cause against Antonio. After a hearing on the show cause order, the trial court ruled that Antonio had not violated the terms and conditions of his probation, held Felecia in contempt of court, and sentenced Felecia to jail for ten days. Felecia appealed. The court of appeals reversed Felecia’s summary contempt conviction, concluding that the trial court deprived Felecia of any opportunity to object at the time of the ruling and that, pursuant to Va. Code Ann. 8.01-384(A), Felecia did not default the arguments raised on appeal by failing to object at the time the trial court held her in contempt. The Supreme Court affirmed, holding that the court of appeals did not err in holding that the contemporaneous objection exception in section 8.01-384(A) allows a litigant who was precluded by the trial court from asserting a contemporaneous objection to the court’s ruling to raise the issue on appeal, notwithstanding the provisions of Va. Sup. Ct. R. 5A:18. View "Commonwealth v. Amos" on Justia Law