Email Arbitration Clause Enforceable Against Consumer 
By Deborah Elkins
Published: February 8, 2013
Tags: Contract, Judge Gerald Bruce Lee, U.S. District Court - Eastern District
A Verizon customer who is suing over a $135 early-termination fee for his cancellation of his Internet service must arbitrate his complaint based on an arbitration clause embedded in an email, as the initial contract expressly stated that continued use of the service constituted consent to contract modifications; the Alexandria U.S. District Court also says [...]
Trade Office Actions Not ‘Commercial Activity’
By Deborah Elkins
Published: January 11, 2013
Tags: Civil Procedure, Judge Gerald Bruce Lee, U.S. District Court - Eastern District
The Alexandria U.S. District Court dismisses this lawsuit filed by a Virginia company and its Belgian subsidiary against the Kingdom of Belgium, one of its trade offices and individuals acting pursuant to the Kingdom’s judicial functions, as the district court may not assume jurisdiction over defendants pursuant to the Foreign Sovereign Immunities Act and the [...]
Wireless Tower OK on Farm, Not on Church
By Deborah Elkins
Published: October 24, 2012
Tags: Judge Gerald Bruce Lee, U.S. District Court - Eastern District, Zoning
An Alexandria U.S. District Court upholds denial of a permit for construction of a wireless communications facility on a church tower in Sterling, but says the county board of supervisors violated the federal Telecommunications Act when it denied a permit for construction of a proposed facility on a Lovettsville farm based on the environmental effects [...]
No Qualified Immunity for ‘Welfare Check’
By Deborah Elkins
Published: October 12, 2012
Tags: Civil Rights, Judge Gerald Bruce Lee, U.S. District Court - Eastern District
Police officers do not have qualified immunity from a suit claiming they forcibly entered plaintiff’s home and used a Taser on him in a “welfare check” after he cancelled a 911 request for help in taking a knife away from his wife, who had grabbed and threatened to harm herself and then relinquished the knife, [...]
Experts rejected on refrigerant leak
By Deborah Elkins
Published: October 8, 2012
Tags: Judge Gerald Bruce Lee, Negligence, U.S. District Court - Eastern District
In this suit by two Rite-Aid employees who allege personal injury from a refrigerant gas leak in an ice cream freezer unit at their workplace that was serviced by defendant NexTech Northeast LLC, an Alexandria U.S. District Court grants defendants’ motion in limine to exclude plaintiffs’ proffered experts and grants summary judgment to defendants. There [...]
Delivery Drivers Challenge Contractor Status
By Deborah Elkins
Published: September 17, 2012
Tags: Employment, Judge Gerald Bruce Lee, U.S. District Court - Eastern District
In this dispute over employee classification and wages for Massachusetts-based drivers for a Virginia-based package delivery company, an Alexandria U.S. District Court says a Massachusetts statute on independent contractors can be applied to the case, and the court will allow discovery on the impact on defendant’s business of applying the Massachusetts statute to reclassify plaintiffs [...]
LAP-BAND Medical Device Claims Preempted
By Deborah Elkins
Published: September 10, 2012
Tags: Judge Gerald Bruce Lee, Products Liability, U.S. District Court - Eastern District
A woman’s suit against the manufacturer of the LAP-BAND medical device for surgical weight loss is preempted by the Medical Device Amendments to the FDA and is dismissed by the Alexandria U.S. District Court. The LAP-BAND is a Class III medical device manufactured and marketed by defendant Allergan. Plaintiffs allege that, in electing the implantation [...]
Debtor Knew Bank Transfer Was Error
By Deborah Elkins
Published: September 10, 2012
Tags: Bankruptcy, Judge Gerald Bruce Lee, U.S. District Court - Eastern District
A debtor cannot discharge in bankruptcy her obligation to repay a bank for the $28,029.99 the bank mistakenly credited to debtor’s IRA; the Alexandria U.S. District Court says. After transferring the funds into debtor’s IRA, the bank then transferred the balance of debtor’s account, $56,043, to a checking account at another bank and closed debtor’s [...]
Arbitration Ordered in Business Sale
By Deborah Elkins
Published: September 10, 2012
Tags: Contract, Judge Gerald Bruce Lee, U.S. District Court - Eastern District
In this contract dispute between buyers and sellers regarding payment for the sale of a company, an Alexandria U.S. District Court dismisses plaintiff sellers’ various claims and grants defendant’s motion to compel arbitration on a claim over a Gross Profit Statement. Plaintiffs Hany Girgis, Summer Girgis, Vincent Virga and Joyce Virga owned SkillStorm Inc., which [...]
Settlement reached in FTCA birth injury lawsuit – $25,184,489 Settlement
By Virginia Lawyers Weekly
Published: September 10, 2012
Tags: Federal Courts, Judge Gerald Bruce Lee, Medical Malpractice, Million-Dollar Settlements, Tort
Capt. Andrew Cibula and Jennifer Cibula, parents of JC, sued the United States of America alleging that Navy physicians mismanaged Mrs. Cibula’s first pregnancy, thereby causing JC to suffer a catastrophic brain injury shortly before birth. Mrs. Cibula was taking prescribed medications and had a health condition that put her fetus at increased risk of [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdict & Settlement Report
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
