Warranty Disclaimer Inadequate for RV Buyer 
By Deborah Elkins
Published: April 22, 2013
Tags: Consumer Protection, Judge James C. Turk, U.S. District Court - Western District
A buyer who spent nearly $200,000 on an RV motor coach and is unhappy with repeated efforts to repair multiple alleged defects may sue the seller Camping World for breach of implied warranties, as the Roanoke U.S. District Court finds the dealer’s disclaimer clause inadequate under the Virginia UCC. Defendant Camping World did not offer [...]
Debt Collector Proves ‘Bona Fide Error’
By Deborah Elkins
Published: April 22, 2013
Tags: Consumer Protection, Judge Norman K. Moon, U.S. District Court - Western District
Although an employee of defendant debt collector lost his place in his telephone script and omitted from his voicemail message the statement that the call was “an attempt to collect a debt by a debt collector,” defendant debt collection law firm wins summary judgment in this FDCPA case with its bona fide error defense, says [...]
TASER Expert’s Testimony Limited
By Deborah Elkins
Published: April 22, 2013
Tags: Judge Glen E. Conrad, Products Liability, U.S. District Court - Western District
In this case against a stun gun manufacturer for allegedly failing to provide sufficient warnings about the weapon’s risk for people with heart conditions, a Charlottesville U.S. District Court says earlier limitations it placed on testimony by plaintiff’s expert about TASER’s instructional warnings are not fatal to plaintiff’s case, and defendant’s motion for summary judgment [...]
Plaintiff Meets Pre-Filing Review Requirement
By Deborah Elkins
Published: April 3, 2013
Tags: Judge Jackson L. Kiser, Medical Malpractice, U.S. District Court - Western District
In a plaintiff’s suit alleging medical malpractice by three North Carolina ophthalmologists who provided intra-operative and post-operative care in her cataract treatment, the Danville U.S. District Court says plaintiff has satisfied a North Carolina requirement for pre-filing review by an expert by offering two experts who are board-certified ophthalmologists, even if neither qualifies as a [...]
‘Profitability’ Defense Experts Excluded
By Deborah Elkins
Published: April 3, 2013
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District
Prior to trial of claims by an owner of copyrighted t-shirt designs for infringement, a Charlottesville U.S. District Court grants plaintiff owner’s motion to exclude defendants’ expert report and expert testimony and motion in limine to preclude defendants from presenting evidence on profitability. Defendants designated Andrea Burke, its controller, as their corporate designee under Fed. [...]
Fee Award OK Under Retainer and Rule
By Deborah Elkins
Published: April 3, 2013
Tags: Bankruptcy, Judge Michael F. Urbanski, U.S. District Court - Western District
A Harrisonburg U.S. District Court upholds a bankruptcy court’s fee award to debtor’s counsel for work that included adversary proceedings and a motion to sell a parcel of real estate, based on the bankruptcy court’s interpretation of the Rule 2016(b) disclosure and a retainer agreement. The bankruptcy court found that the attorney’s fees for the [...]
Court Limits Suit Against Trustee
By Deborah Elkins
Published: April 3, 2013
Tags: Judge Norman K. Moon, Real Estate, U.S. District Court - Western District
A Charlottesville U.S. District Court says that because the Fair Debt Collection Practices Act is not incorporated into the terms of the Deed of Trust, a violation of the FDCPA cannot support a claim for breach of that agreement, and that claim must be dismissed. Plaintiffs claim the acceleration notice on a mortgage debt violated [...]
‘Course of Dealing’ Means Jurisdiction Over Georgia Company
By Deborah Elkins
Published: April 3, 2013
Tags: Civil Procedure, Judge James P. Jones, U.S. District Court - Western District
A Georgia manufacturer of hotel carpets that had a history of regular dealing with plaintiff yarn seller, and who sent purchase order to the Virginia plaintiff and accepted a sample plaintiff provided, has sufficient contacts with Virginia to be required to submit to the jurisdiction of the Abingdon U.S. District Court. Defendant buyer’s motion to [...]
County Board’s Sectarian Prayers Enjoined
By Deborah Elkins
Published: March 29, 2013
Tags: Civil Rights, Judge Michael F. Urbanski, U.S. District Court - Western District
A Danville U.S. District Court grants summary judgment to a plaintiff who alleges county supervisors’ consistent practice of opening their meetings with prayers of the Christian faith violates the Establishment Clause, and the court enters a permanent injunction against such practice. Defendant county board of supervisors again asks this court to conclude that the board’s [...]
Fibromyalgia Claimant Wins Remand
By Deborah Elkins
Published: March 29, 2013
Tags: Administrative, Judge B. Waugh Crigler, U.S. District Court - Western District
The record does not support the administrative law judge’s finding that claimant, who suffers from fibromyalgia, chronic fatigue syndrome, anxiety disorder, degenerative disc disease and irritable bowel syndrome, was not credible in her account of her condition and limitations on her daily activities, and the magistrate judge for the Charlottesville U.S. District Court recommends granting [...]
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.
