Truck turns left in front of car with green light – $282,500 Settlement 
By Virginia Lawyers Weekly
Published: October 27, 2008
On Aug. 19, 2005, the 67-year-old plaintiff, Kenneth Woltz, was traveling eastbound on Route 218 and passing through an intersection on a green light when a Ford F-350, traveling westbound, turned left in front of plaintiff’s vehicle striking it head-on.
Three witnesses stated plaintiff had the right of way, and one witness observed the defendant using [...]
Environmental – Surface Mining Permit – Injunction
By Deborah Elkins
Published: October 27, 2008
A preliminary injunction halting logging activities on a tract of land should be vacated, recommends a magistrate judge in the Abingdon U.S. District Court, and the court should decline to issue a permanent injunction to prevent logging under standards that govern surface mining.
For a child of Appalachia, to see the mountains laid waste, whether by [...]
Contract – Government – Qui Tam Action – OxyContin
By Deborah Elkins
Published: October 27, 2008
In this qui tam action against Purdue Pharma LP, an Abingdon U.S. District Court dismisses plaintiff’s complaint for failure to plead fraud with particularity as required by Fed. R. Civ. P. 9(b); the relator’s allegations that defendant misrepresented to physicians the relative potency of its OxyContin, so that federal and state agencies such as Medicaid, [...]
Insurance – Surety Bond – Construction Project – Indemnity
By Deborah Elkins
Published: October 27, 2008
An Alexandria U.S. District Court grants summary judgment to plaintiff surety company on its claim for defendants’ breach of an agreement in two applications for bonds on a construction project to indemnify the surety for payments on the project.
Plaintiff Cincinnati Insurance Company filed suit against Auto Glass Outlet, Nasser Lahijan, Mahvash Zulfaghary and American Glass [...]
Woman dies from blood clot after failing to get ER treatment – $675,000 Settlement
By Virginia Lawyers Weekly
Published: October 27, 2008
On July 26, 2006, decedent telephoned her son shortly after midnight and asked him to pick her up and drive her to the emergency room. Upon presentation, the decedent, age 77, complained of shivering, shortness of breath, shoulder pain and a recent urinary tract infection. The hospital took the position that the decedent [...]
Tort – FTCA – Due Process – Post Office – Package Handling
By Deborah Elkins
Published: October 27, 2008
A Richmond U.S. District Court dismisses plaintiff’s suit alleging due process violations allegedly arising from a post office employee’s purported use of an incorrect date stamp on the petition he sought to mail to the Supreme Court of Virginia, as the court declines to equitably toll the statute of limitations on plaintiff’s claim under the [...]
Employment – Juvenile Detention Center – Supervisor Termination
By Deborah Elkins
Published: October 27, 2008
An Alexandria U.S. District Court dismisses a suit under 42 U.S.C. § 1983 brought by a former child supervisor at a Prince William County Juvenile Detention Center who alleged he was improperly terminated from his position because he gave an insulin shot to a child, which was against county policy.
The superintendent of the center presented [...]
Insurance – Interpleader – Attorney’s Fees
By Deborah Elkins
Published: October 27, 2008
A Richmond U.S. District Court that earlier granted partial summary judgment to a seller of real estate who sued defendant settlement agent for breach of fiduciary duty in failing to disburse to him the proceeds of the sale, now awards attorney’s fees and costs pursuant to Va. Code § 6.1-2.15.
This suit was initiated by NGM [...]
Labor – Union Organizing – ‘Corporate Campaign’ – RICO
By Deborah Elkins
Published: October 27, 2008
A Richmond U.S. District Court in this RICO suit filed by a pork-processing plant against defendant union’s “corporate campaign” grants the company’s motion in limine to exclude a newspaper article from the June 16, 2006 New York Times that purports to “expose” the racial tensions and deplorable working conditions at the company’s Tar Heel, N.C. [...]
Labor – Union Organizing – ‘Corporate Campaign’ – RICO – Affirmative Defenses
By Deborah Elkins
Published: October 27, 2008
A Richmond U.S. District Court strikes several affirmative defenses asserted by defendant labor union in this RICO suit filed by plaintiff pork-processing company to challenge the union’s “corporate campaign” to organize the company’s Tar Heel, N.C. plant, including defenses based on the First Amendment, the Noerr-Pennington doctrine and unclean hands.
At least two circuit courts have [...]
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