Tort | Virginia Lawyers Weekly

‘Abu Ghraib’ Appeals Dismissed

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Robert B. King, Tort

On rehearing en banc, the 4th Circuit says it has no jurisdiction to consider appeals by Iraqis who were detained and tortured at Abu Ghraib military prison and elsewhere and whose tort claims against defendant government contractors were partly dismissed by federal courts.
Following the 2003 invasion of Iraq, the U.S. military took control of Abu [...]

No ‘Discovery Rule’ for Fiduciary Claim

By Deborah Elkins
Published: May 15, 2012
Tags: Judge Leonie Brinkema, Tort, U.S. District Court - Eastern District

Plaintiff “brownfield developer” who alleges claims arising from a business deal to bid for, buy and redevelop a brownfield site from WMATA, may only pursue fraud and breach of fiduciary duty claims against a single defendant who allegedly failed to notify plaintiff that the deal had fallen through; the Alexandria U.S. District Court dismisses the [...]

Fraud Claim from Talent Agency Deal

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Tort, Virginia Circuit Courts

A plaintiff who says he was defrauded by defendant, who used lies and misrepresentations to induce him to invest in an LLC talent-management company while spending the money for personal expenses and other unauthorized transactions, can sue for breach of fiduciary duties and breach of the operating agreement, but the Richmond Circuit Court sustains the [...]

No Defamation of Gay-Rights Activist

By Deborah Elkins
Published: May 8, 2012
Tags: Judge Henry E. Hudson, Tort, U.S. District Court - Eastern District

Plaintiff director of a gay-rights advocacy group has not stated a defamation claim against defendant, the president and CEO of Parents and Friends of Ex-Gays Inc. (PFOX), by alleging defendant stated that plaintiff asked for people to “run over” defendant and said he needed to be “hit with a bus” or injected with AIDS; the [...]

Parental Right ‘Interference’ is Va. Tort

By Deborah Elkins
Published: May 1, 2012
Tags: Justice LeRoy F. Millette Jr., Supreme Court of Virginia, Tort

A Virginia man whose biological child was adopted by a couple in Utah without his permission may sue the adoption agency, the Utah couple and the Virginia and Utah lawyers who brokered the adoption for tortious interference with parental rights; in this case of first impression, the Supreme Court of Virginia recognizes this claim as [...]

No Claim for Fraudulent Inducement

By Deborah Elkins
Published: May 1, 2012
Tags: Judge Clifford R. Weckstein, Roanoke Circuit Court, Tort, Virginia Circuit Courts

A Roanoke City Circuit Court sustains demurrers to plaintiff’s second amended complaint alleging fraud in the inducement and seeking to pierce the corporate veil in negotiation of a loan agreement.
The question remains what it has been: Has plaintiff stated facts sufficient to demonstrate that the Executive defendants owed it a common law duty that arose [...]

No Duty to Camp Peary Resident

By Deborah Elkins
Published: April 11, 2012
Tags: Judge Mark Davis, Tort, U.S. District Court - Eastern District

A plaintiff injured in a motor vehicle accident on the grounds of Camp Peary when the vehicle in which he was riding collided with a vehicle being driven by an employee of a painting crew, who plaintiff claims should not have been allowed on grounds because of his extensive criminal record and outstanding warrant, cannot [...]

Newscast on Tax Preparers Not Defamatory

By Deborah Elkins
Published: April 6, 2012
Tags: Judge Robert G. Doumar, Tort, U.S. District Court - Eastern District

In evaluating plaintiff professional tax preparer’s claim that he was defamed by a local news broadcast about “unscrupulous” tax preparers, the Norfolk U.S. District Court will not consider video clips defendant TV station filed with its motion to dismiss, and the court dismisses the complaint because defendant’s treatment of the story could not be interpreted [...]

No ‘Publication’ for Defamation Claims

By Deborah Elkins
Published: April 2, 2012
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Tort, Virginia Circuit Courts

In this suit by three employees discharged by defendant IBM, the Fairfax Circuit Court sustains demurrers filed by IBM and individual defendants to plaintiffs’ claims for defamation, conspiracy, tortious interference and negligent retention, arising from allegations that plaintiffs were terminated because one plaintiff purportedly violated IBM policy by hiring her brother and then trying to [...]

Pentagon Officer Subject to Suit

By Deborah Elkins
Published: March 28, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Henry F. Floyd, Tort

A Pentagon police officer who allegedly assaulted a contract security officer assigned to the Pentagon, while the two were stationed at a Pentagon security checkpoint, does not have sovereign immunity from a suit for assault under the Federal Tort Claims Act; the 4th Circuit reverses the district court decision that the U.S. was immune from [...]

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