No Immunity for Somali Torture Defendant

Tort reform deal launched in House

By Peter Vieth
Published: January 24, 2013
Tags: General Assembly, Tort, Virginia Trial Lawyers Association

A Virginia tort reform package has been launched from a House of Delegates subcommittee after trial lawyers and business groups hammered out a compromise on five key bills. Separately, the bills may look like so much tinkering around the edges of tort reform. But taken together, they recalibrate personal injury practice in Virginia. Given the [...]

Nonsuited Defamation Claim Timely Refiled

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Tort, Virginia Circuit Courts

A plaintiff who refiled a separate defamation action after nonsuit of the first defamation action, which was filed by a group of plaintiffs and suffered from the defect of misjoinder, has the benefit of tolling under Va. Code § 8.02-229 and her refiled action is timely, says a Richmond Circuit Court. In their plea in [...]

Dismissal Denied for Defamation Claims

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Tort, Virginia Circuit Courts

A Loudoun County Circuit Court denies a plea in bar filed by defendants to plaintiff’s defamation suit, based on plaintiff’s allegations that defendants arranged for photographs of plaintiff being arrested for embezzlement and for further dissemination of those photos, even though plaintiff, their former residential property manager, was acquitted of the alleged embezzlement. Plaintiff Deanne [...]

No FTCA Claim Based on Veteran Benefits

By Deborah Elkins
Published: January 2, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Tort

Although a veteran’s widow won payments from the Veterans’ Administration under 38 U.S.C. § 1151 after her husband died from alleged medical negligence, she cannot advance the VA rating that won her benefits to pursue her claim under the Federal Tort Claims Act, and the 4th Circuit affirms dismissal of her claims for wrongful death [...]

Damages Awarded for Breach of Loyalty Duty

By Deborah Elkins
Published: December 19, 2012
Tags: Judge Anthony J. Trenga, Tort, U.S. District Court - Eastern District

After finding that defendant, director of a Moldavan LLC that sold software products in the U.S. and around the world, breached a fiduciary duty of loyalty and committed tortious and statutory violations when he restructured the company and acted to benefit his own separate company, an Alexandria U.S. District Court awards plaintiff company $108,637.82 for [...]

Comp Is Sole Remedy for Errant Golf Swing

By Deborah Elkins
Published: December 18, 2012
Tags: Judge Robert G. Doumar, Tort, U.S. District Court - Eastern District

A program assistant for an engineering firm that contracted with the U.S. Navy on a submarine modernization project cannot sue the U.S. for injuries she sustained when, on a golf outing and “team building” exercise with her manager and coworkers, her manager swung a golf club at full strength and struck the assistant in the [...]

Fraud Claim Can’t Cancel Forum Selection Clause

By Deborah Elkins
Published: November 28, 2012
Tags: Judge Liam O'Grady, Tort, U.S. District Court - Eastern District

A defendant who lives in India, has not visited the U.S. since 2008, and who signed a disputed Share Purchase Agreement as president of two corporations before it was sent to a Charlottesville law office for plaintiff shareholders to sign, is not subject to personal jurisdiction in Virginia, says an Alexandria U.S. District Court; however, [...]

Attorney’s Fees Reduced for ‘Block Billing’

By Deborah Elkins
Published: November 20, 2012
Tags: Judge James C. Cacheris, Tort, U.S. District Court - Eastern District

A dog trainer who won his libel claim in Alexandria U.S. District Court against a defendant who disseminated through emails and Facebook allegations of animal cruelty against the trainer wins attorney’s fees of $75,833 and costs of $3,954. A jury awarded plaintiff $7,500 in compensatory damages on his libel claim, $75,000 compensatory damages on his [...]

Fees Awarded in Malicious Prosecution Case

By Deborah Elkins
Published: November 7, 2012
Tags: Judge Robert E. Payne, Tort, U.S. District Court - Eastern District

A woman who won her malicious prosecution case against a deputy sheriff who arrested the woman for allegedly withholding information about the location of a dog that bit her, is awarded attorney’s fees of $322,340.50 and costs of $10,305.51 by the Richmond U.S. District Court. After trial, a jury awarded plaintiff $2,943 in actual damages. [...]