Contractor Faces Punitive Damages Claim 
By Deborah Elkins
Published: October 3, 2011
Tags: Chesapeake Circuit Court, Judge John W. Brown, Real Estate, Virginia Circuit Courts
Citing a 2011 Virginia Supreme Court case on punitive damages, a Chesapeake Circuit Court says property owners have alleged a claim for punitive damages against a construction company that acted with “willful and wanton disregard” when it built a berm that encroached on plaintiffs’ land, after plaintiffs had agreed only to construction of a drainage [...]
State Employee Wins Reinstatement & Back Pay
By Deborah Elkins
Published: August 23, 2011
Tags: Chesapeake Circuit Court, Employment, Judge John W. Brown, Virginia Circuit Courts
A Chesapeake Circuit Court reinstates with back pay a Department of Corrections captain who was fired after testing positive for marijuana. Petitioner appeals a final decision upholding his termination from the Department of Corrections for a positive marijuana result to a non-random oral swab drug test on April 15, 2009. Because the test leading to [...]
Corrections officer fired after positive test for marijuana – $120,000 Verdict
By Virginia Lawyers Weekly
Published: August 8, 2011
Tags: Chesapeake Circuit Court, Employment, Judge John W. Brown
Plaintiff, a former captain at the Indian Creek Correctional Center in Chesapeake, was randomly selected for urinalysis testing in December 2008, his 15th drug test since joining the agency in 1994. Several days later, the human resources department was advised that petitioner’s test returned as a negative dilute. Agency policy required the department to immediately [...]
State employee fired after drug test wins reinstatement, back pay
By Alan Cooper
Published: August 2, 2011
Tags: Administrative, Chesapeake Circuit Court, Employment, Judge John W. Brown
A Chesapeake judge has reinstated with back pay a Department of Corrections captain who was fired after testing positive for marijuana. The employer ran afoul of its own drug-testing policy, according to the court’s decision on appeal from the state grievance process. An initial urinalysis that showed some dilution of the test sample might have [...]
It’s all in the detailing
By Peter Vieth
Published: July 11, 2011
Tags: Chesapeake Circuit Court, Contract, Judge John W. Brown
Phillip Meyer thought he was playing by the rules. Meyer wanted to do things right when he left his job with an auto-detailing business in Chesapeake to start his own detailing company in 2009. Meyer now runs A Clear Solution LLC, a mobile auto reconditioning service. He said he touches up door dings, bumper scratches [...]
Non-Solicitation Clause Struck as ‘Overbroad’
By Deborah Elkins
Published: July 6, 2011
Tags: Chesapeake Circuit Court, Employment, Judge John W. Brown, Virginia Circuit Courts
An auto-detailing business cannot recover from its former employer who made plans to start a competing business while still employed by plaintiff; a Chesapeake Circuit Court says plaintiff’s non-solicitation clause is facially overbroad because it would prevent defendant from offering his services as a “concert promoter, fishing guide, sous chef or plumber,” and plaintiff has [...]
Contract – Fraud – Hotel Sale
By Deborah Elkins
Published: October 23, 2010
Tags: Chesapeake Circuit Court, Contract, Judge John W. Brown, Virginia Circuit Courts
In this dispute alleging defendants were aware of an alleged debt to plaintiff but used proceeds of a hotel sale to purchase membership interests in defendant IBJ Hotels LLC, a Chesapeake Circuit Court says plaintiff has stated claims for tortious interference with contractual relations, fraudulent conveyance and constructive trust, and plaintiff may amend as to [...]
Contract – Limitations – Contribution
By Deborah Elkins
Published: September 14, 2010
Tags: Chesapeake Circuit Court, Contract, Judge John W. Brown, Virginia Circuit Courts
In this litigation involving two lawsuits – one by a couple suing a design firm for damages and the second a masonry company suing the design firm – a Chesapeake Circuit Court considers Va. Code §§ 8.01-281 and 8.01-249(5), and dismisses the design firm’s action as to all defendants. The issue of whether this separate [...]
Misdiagnosis results in $2.5 million med-mal verdict – $2,500,000 Verdict
By Virginia Lawyers Weekly
Published: April 2, 2010
Tags: Chesapeake Circuit Court, Judge John W. Brown, Medical Malpractice, Million-Dollar Verdicts
Plaintiff was treated by the defendant family practice physician for severe abdominal pain, fever, vomiting/nausea. The defendant initially failed to recognize that she had diverticulitis, but an emergency room physician diagnosed the illness. The diverticulitis progressed into mulitple abscesses, and the defendant referred the plaintiff to a gastroenterologist six weeks into the illness. Plaintiff was [...]
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