‘Abu Ghraib’ Appeals Dismissed

Jury Award Struck on ‘Insulting Words’ Claim

By Deborah Elkins
Published: September 7, 2012
Tags: Fairfax County Circuit Court, Judge Charles James Maxfield, Tort, Virginia Circuit Courts

A jury awarded a total of $1.2 million in Fairfax businessman’s suit alleging defendant international businessman defamed him by denying he was plaintiff’s biological father and criticizing plaintiff’s handling of divorce and custody litigation, but the Fairfax Circuit Court strikes plaintiff’s “insulting words” claim. Plaintiff Michael Eric A.B. Mak Sun Ming Hotung filed suit against [...]

Drainage Problem Spawns Easement Claim

By Deborah Elkins
Published: August 10, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Tort, Virginia Circuit Courts

In this dispute between neighbors whose adjoining townhouse properties share a common wall, the neighbor who alleges damage to her property from improper drainage after construction of a patio retaining wall can sue for implied easement by necessity, but the Fairfax Circuit Court dismisses her complaint for nuisance. Plaintiff contends the wall at issue is [...]

No Charitable Immunity for Theatre Foundation

By Deborah Elkins
Published: July 30, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Tort, Virginia Circuit Courts

A volunteer who serves on a restoration committee for the vintage Wurlitzer organ at Richmond’s historic Byrd Theatre, and who was injured while attempting to repair the theatre organ, can sue the Byrd Theatre Foundation for negligence; a Richmond Circuit Court says the Foundation does not have charitable immunity. Given defendant’s charitable purpose to provide [...]

No Protective Order to Prevent Website Publicity

By Deborah Elkins
Published: July 30, 2012
Tags: Fairfax County Circuit Court, Judge Charles James Maxfield, Tort, Virginia Circuit Courts

A Fairfax Circuit Court denies a protective order to plaintiff church to prevent defendants, who allegedly have defamed plaintiff on their website, from publishing on their website embarrassing materials defendants obtain through discovery. A number of allegedly defamatory statements on the website are enumerated in the complaint. Representative examples on the website complained of include [...]

Miner Has Defamation Claim Against Employer

By Deborah Elkins
Published: June 20, 2012
Tags: Judge James P. Jones, Tort, U.S. District Court - Western District

An underground coal miner fired after he refused to open his locker for investigation of a coworker’s report that plaintiff miner had smoking materials in the mine may sue the mine superintendent who swore out a criminal warrant charging the miner with the felony crime of taking smoking materials into an underground mine, can sue [...]

No Duty to Driver for Falling Tree

By Deborah Elkins
Published: June 13, 2012
Tags: Justice S. Bernard Goodwyn, Supreme Court of Virginia, Tort

A driver on a public highway cannot collect from a landowner for personal injuries sustained due to a tree falling from the owner’s property onto the vehicle on the public highway; the Virginia Supreme Court says a landowner does not owe a duty to protect travelers on a public roadway from natural conditions on his [...]

No Defamation from Draft Complaint

By Deborah Elkins
Published: June 13, 2012
Tags: Justice S. Bernard Goodwyn, Supreme Court of Virginia, Tort

A lawyer who said he was defamed by a draft legal complaint proffered for settlement purposes and later filed in court, cannot sue for defamation, says the Supreme Court of Virginia. Defendants in the defamation action claimed allegations in the draft complaint, sent before the lawsuit was filed, were nevertheless privileged. Plaintiff claimed there was [...]

Goodwill Damages Out in Conspiracy Case

By Deborah Elkins
Published: June 13, 2012
Tags: Justice Donald W. Lemons, Supreme Court of Virginia, Tort

The Virginia Supreme Court reverses an award of goodwill damages to a government contractor, Perot Systems, against a competitor, 21st Century Systems, and two former Perot employees hired by 21CSI, because Perot’s goodwill expert did not show the departing employees had goodwill value and that Perot’s actual sale price several months later was affected by [...]

‘Miss Utility’ Case Punitives Claim Survives

By Deborah Elkins
Published: June 6, 2012
Tags: Judge Henry E. Hudson, Tort, U.S. District Court - Eastern District

Plaintiff telecommunications company can sue for trespass, including a claim for punitive damages, based on allegations that defendant excavation company severed plaintiff’s fiber optic cable, after plaintiff marked it under Virginia’s “Miss Utility” program, causing damages to plaintiff; the Richmond U.S. District Court denies defendant’s motion to dismiss. Plaintiff Level 3 Communications LLC is a [...]