Who pays for the defense of FLSA claims against a local government entity, and who pays for the liquidated damages and attorneys’ fees if the local government entity loses?  The Fourth Circuit Court of Appeals issued an opinion recently which  answered these questions:  Republic Franklin Insurance Company v. Albemarle County School Board, No. 10-1961 (4th Cir. [...]

The state and local governments are often in the business of creating, accepting or maintaining public roads.  In some cases, there are rights of way that are used by the general public but never become truly public roads because of a lack of either landowner intent to dedicate, or an express governmental acceptance. That was the [...]

The idea of state sovereignty is not dead.  Rather, after the McBurney v. Young case, it appears that lawful distinctions between states and their respective citizens in our grand Republic — or at least in the Fourth Circuit — are alive and well. You can find the opinion here. The Virginia Freedom of Information Act (VFOIA) grants “citizens of the Commonwealth” [...]

The proposed eminent domain constitutional amendment is pending at the 2012 Virginia General Assembly.  See 2012′s bills on the amendment, HJ 3 and SJ 3.  If these bills pass the proposed amendment in the same form as last year, the amendment will be on the ballot in Fall 2012 for voter approval.   This blog, which until now has been silent [...]