Important Opinions: A recap for January-June 2022

Below, Virginia Lawyers Weekly presents a compilation of the Most Important Opinions from January to June 2022. You’ll find more than 100 cases highlighted.

“Important Opinions” appear in the paper each week and on our website. These are the cases chosen by our editors as most likely to impact law practice or a given subject area of law.

Use the links at the end of the summaries below to read each full opinion digest and to access the full text of each opinion.

— Kelly Caplan

Bankruptcy

‘Small business debtor’

Where the Bankruptcy Code provides that small business debtors are not entitled to discharge certain categories of debt, including debts “for willful and malicious injury by the debtor to another entity or to the property of another entity,” a debtor couldn’t discharge a $4.7 million judgment imposed for its intentional interference with contracts and tortious interference with business relations. Cantwell-Cleary Co. Inc. v. Cleary Packaging LLC, VLW 022-2-137 (16 pages)

Bankruptcy

Third-party releases

The U.S. Bankruptcy Court exceeded the limits of its constitutional authority by approving third-party releases that released the claims of hundreds of thousands of potential plaintiffs not involved in the bankruptcy with little analysis, a U.mS. District Court judge concludes. Patterson v. Mahwah Bergen Retail Group Inc., VLW 022-3-019 (87 pages)

Civil Practice

Default

A default entered against a defendant in a suit under the Fair Debt Collection Practices Act should be vacated because the plaintiff served the defendant’s HR business partner instead of its registered agent, the HR partner was not authorized to accept service and there appeared to be meritorious defenses to the claims, a U.S. District Court judge decides. McCall v. Flagship Credit Acceptance, VLW 022-3-043 (11 pages)

Civil Practice

Judicial Review Commission proceedings

Where a newspaper publisher petitioned the Virginia Supreme Court to vacate its order that sealed the record of a judge’s petition for reinstatement and request for a writ of mandamus, most of the materials will be unsealed, but attachments that are records of a Judicial Inquiry and Review Commission proceeding will remain sealed. In Re: Honorable Adrianne L. Bennett, Petitioner, VLW 022-6-024 (13 pages)

Civil Practice

Jurisdiction

Where a company that provides specialized occupational training was wholly owned by an individual who primarily worked in Virginia, its suit alleging defendants stole trade secrets was dismissed because one of the defendants resided in Virginia, meaning there was no diversity jurisdiction. Metropolitan Solutions Group Inc. v. Rodriguez, VLW 022-3-227 (6 pages)

Civil Practice

Planned Parenthood

After South Carolina terminated its enrollment agreements with Planned Parenthood because it provided abortion services, a woman who used Planned Parenthood for her gynecological care had standing to sue to enjoin the termination on the grounds it violated Medicaid’s free-choice-of-provider provision, the 4th U.S. Circuit Court of Appeals determines. Planned Parenthood South Atlantic v. Kerr, VLW 022-2-068 (25 pages)

Civil Practice

Statute of limitations

Where plaintiff nonsuited her personal injury claim because she named the wrong defendant, her new action, filed outside the statute of limitations, does not relate back to her original complaint. Edwards v. Omni Int’l Services, VLW 022-6-028 (7 pages)

Civil Practice

Structured settlement

It is not in petitioner’s best interest to approve the sale of her structured settlement payments, which have a present value of $140,738, for $10,000. In Re: Approval for Transfer of Structured Settlement Proceeds by and Between Shwanda Lancaster, Payee and Peachtree Settlement Funding, LLC, Transferee, VLW 022-8-021 (5 pages)

Civil Procedure

City Council

Where appellants petitioned the circuit court to review the Board of Zoning Appeal’s unfavorable decision, references in the petition to “Roanoke City and the City of Roanoke” cannot be reasonably understood to include the city council. Marsh, et al. v. Roanoke City, et al., VLW 022-6-030 (4 pages)

Civil Rights

COVID-19

Where the parents of children with disabilities that put them at significant health risk should they contract COVID-19 showed they would be irreparably harmed if local school districts could not consider their individualized request for masking, the governor and other state officials were enjoined from preventing or limiting the ability of local school districts to consider these requests. Seaman v. Commonwealth of Virginia, VLW 022-3-141 (56 pages)

Civil Rights

Deliberate indifference

A defendant should be granted summary judgment on a plaintiff detainee’s deliberate indifference claim, as the plaintiff failed to meet the deadline to file an expert report and his treating physicians failed to comply with the requirements of Rule 26(a)(2)(C), a U.S. District Court judge concludes. Jamison v. Amonette, VLW 022-3-048 (28 pages)

Civil Rights

Electronic legal research

Where a detainee requested access to electronic legal research 24 hours a day, seven days a week, for use in his civil rights suit, his request was denied. He failed to show that lack of constant access to legal research caused any constitutional injury or that it would prevent him from pursuing a non-frivolous legal claim. Zellers v. Northam, VLW 022-3-193 (13 pages)

Civil Rights

First Amendment

Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment claim. Schools cannot silence such student speech simply because it communicates controversial or upsetting ideas. Starbuck v. Williamsburg James City County School Board, VLW 022-2-074 (14 pages)

Consumer Protection

FDCPA

Where the court previously held the defendant violated the Fair Debt Collection Practices Act, or FDCPA, by attempting to collect a disputed debt from a couple despite notice from their attorney, the couple were awarded attorneys’ fees and costs. But counsel’s hourly rate was reduced to one more commensurate with the Western District of Virginia and the type of the lawsuit. Barre v. DCN Holdings Inc., VLW 022-3-233 (7 pages)

Consumer Protection

RESPA

A letter sent by a borrower to his loan servicer constituted a qualified written request under the Real Estate Settlement Procedures Act, as the letter (1) included the name, account number and other information that would “enable[] the servicer to identify” the account and (2) included information explaining why the borrower believed the account was in error, the 4th U.S. Circuit Court of Appeals concludes. Morgan v. Caliber Home Loans Inc., VLW 022-2-044 (15 pages)

Contract

Breach of contract

Where an automotive parts supplier alleged that a warehouse distributor breached the parties’ contract, but the record showed the supplier committed the first breach by failing to keep the distributor competitive in the marketplace, the distributor was granted summary judgment. Remy Holdings International LLC v. Fisher Auto Parts Inc., VLW 022-3-098 (10 pages)

Contract

Home loan

A homeowner could not recover against his lender for breach of contract, as the homeowner had first breached the contract by failing to make required payments, the 4th U.S. Circuit Court of Appeals rules. Tayal v. The Bank of New York Mellon, VLW 022-2-056 (14 pages)

Contract

Insurance policy

A homeowners’ policy does not provide coverage for appellee’s accidental injuries sustained while riding on an all-terrain vehicle. Erie Insurance Exchange v. Jones, VLW 022-6-023 (6 pages)

Contract

Statute of limitations

Where the defendant’s CEO allegedly promised in July 2020 to satisfy all past due invoices (back to December 2017), Va. Code § 8.01-229(G) operated to restart the statute of limitations. Luna Innovations Inc. v. Kiss Technologies Inc., VLW 022-3-187 (9 pages)

Criminal

Compassionate release

Where the government never argued the defendant’s motion for compassionate release should be denied because she failed to exhaust administrative remedies, the district court erred by raising the issue on its own. United States v. Simon, VLW 022-2-036 (3 pages)

Criminal

Ineffective assistance

A detainee sentenced to death should be denied relief on his claim that he received ineffective assistance of counsel regarding his decision to plead guilty and at sentencing, as his arguments were procedurally defaulted or without merit, the 4th U.S. Circuit Court of Appeals concludes. Mahdi v. Stirling, VLW 021-2-351 (133 pages)

Criminal

Ineffective assistance

Where a woman charged with possession with intent to distribute had several meritorious objections to her presentence report that were waived by her trial counsel, and there was a reasonable probability that her sentence would have been reduced if the objections had been made, an en banc court found she received ineffective assistance of counsel. United States v. Freeman, VLW 022-2-020 (36 pages)

Criminal

Restitution

Where appellant was ordered to pay more than $41,000 in restitution after he burned down the rented house he was living in, the restitution order is vacated. The record does not support the trial court’s calculation of the restitution amount. Slusser v. Commonwealth, VLW 022-7-122 (17 pages)

Criminal

Sentencing guidelines

Commentary to the sentencing guidelines, even when the related guideline is unambiguous, is authoritative and therefore binding on courts unless the commentary is inconsistent with law or the guideline itself, the 4th U.S. Circuit Court of Appeals states. United States v. Moses, VLW 022-2-015 (25 pages)

Damages

Federal Communications Act

A party that prevailed on its claim against an individual who stole satellite transmissions should be awarded the counsel fees and costs expended in postjudgment enforcement litigation, the 4th U.S. Circuit Court of Appeals concludes. Sky Cable LLC v. DIRECTV Inc., VLW 022-2-005 (16 pages)

Domestic Relations

Support arrearage

Appellant’s challenge of a $129,000 judgment for spousal-support arrearages cannot be considered on appeal because he did not file a transcript of the hearing or a written statement of facts. Connor v. Lyons, VLW 022-7-084 (Unpublished) (4 pages)

Education

Admission requirements

A highly-selective high school’s new admission requirements should be declared unconstitutional, as (1) a change to the admission requirements has had a substantial disparate impact on Asian-American students, (2) racial balancing is not a compelling interest and (3) the school board’s actions were not narrowly tailored, a U.S. District Court judge concludes. Coalition for TJ v. Fairfax County School Board, VLW 022-3-103 (31 pages)

Employment

Choice-of-venue clause

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. The Hilb Group of New England LLC v. LePage, VLW 022-3-211 (11 pages)

Employment

Discharge

Where a university law enforcement officer was discharged for violating COVID-19 safety rules, there were no flaws in the administrative proceedings or the circuit court’s judicial review. Morris v. George Mason University, VLW 022-7-085 (12 pages)

Employment

Discrimination

A school board could not be held liable to a high school drama teacher who alleged that the board failed to pay him for his tech work because of his race, as he had been paid a theater director supplement and he did not allege that any other performing arts teacher in the school system received more than one supplement, the 4th U.S. Circuit Court of Appeals decides. Tabb v. Board of Education of the Durham Public Schools, VLW 022-2-061 (23 pages)

Employment

Duty of loyalty

Where a district manager for an industrial sales company formed two of his own companies during the course of his employment, a jury will decide if his actions constituted active competition that breached his duty of loyalty to his employer. GMS Industrial Supply Inc. v. G&S Supply LLC, VLW 022-3-138 (12 pages)

Employment

FLSA

A healthcare staffing company could be held liable to nurses under the Fair Labor Standards Act for failing to maintain pay records or pay overtime, as the nurses were employees, and not independent contractors, based on the fact that the company controlled the nurses’ schedules and assignments, invested in their training and insurance, set their rates and received payments from clients, a U.S. District Court judge determines. Walsh v. Medical Staffing of America LLC, VLW 022-3-017 (31 pages)

Employment

FLSA

Where neither the Fourth Circuit nor the U.S. Supreme Court has prescribed the process for certification of FLSA collective actions, and the defendant urged the court to follow a Fifth Circuit decision outlining an approach different from the one typically followed by district courts in the Fourth Circuit, the question was certified for interlocutory appeal. Thomas v. Maximus Inc., VLW 022-3-200 (21 pages)

Employment

Overtime ‘gap pay’

A U.S. District Court judge erred in ruling in favor of an employer on an employee’s claim that she was underpaid for non-overtime hours worked during weeks in which she also worked overtime, as overtime gap time claims are cognizable under the Fair Labor Standards Act, the 4th U.S. Circuit Court of Appeals concludes. Conner v. Cleveland County, North Carolina, VLW 022-2-001 (30 pages)

Employment

Public policy

An employee could not rely on the public policy against age bias stated in the Virginia Human Rights Act as a basis for a common-law wrongful termination claim, a U.S. District Court judge holds. Hice v. Mazzella Lifting Technologies Inc., VLW 022-3-118 (30 pages)

Employment

Reinstatement

Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to the panel. LaRock v. City of Norfolk, VLW 022-6-025 (15 pages)

Employment

Retaliation

Fairfax County should be granted summary judgment on a police officer’s claim that his job duties were transferred in retaliation for filing a complaint about sex and age discrimination, as the record showed the transfer was because of a complaint made against him by another officer, a U.S. District Court judge concludes. Massaro v. Fairfax County, VLW 022-3-069 (16 pages)

Employment

Retaliation

A doctor who alleged that he was terminated days after he complained about being pressured to commit fraud regarding hospital admissions could not prevail on a retaliation count, as there were other legitimate, non-discriminatory reasons for his termination that he failed to show were pretext, a U.S. District Court judge decides. Faber v. Mountain States Physician Group Inc., VLW 021-3-550 (25 pages)

Employment

Retaliation

A bank employee plausibly stated a retaliation claim by alleging that she was the victim of continuing retaliatory conduct and animus after she complained that another employee’s termination was “not right,” a U.S. District Court judge decides. Newell v. Carter Bank & Trust, VLW 022-3-129 (20 pages)

Employment

Sales commissions

Where a company handbook required an employee to be actively employed when a payment was received from the customer in order to be paid commission, and the former sales consultant was no longer employed when the company received payment from a particular customer, his unpaid commission claim failed. Morris v. Taylor Communications Secure & Customer Solutions Inc., VLW 022-3-128 (16 pages)

Employment

Wrongful discharge

Where the circuit court remanded a corrections worker’s wrongful discharge claim so the hearing officer could develop a record on an issue that was first presented to the circuit court, this was error. The circuit court failed to limit its appellate review to the record it had of the administrative proceedings. Virginia Dep’t of Corrections v. Garrett, VLW 022-7-049 (Unpublished) (11 pages)

Employment Discrimination

ADEA

After a jury found a brush company terminated the plaintiff because of his age, the court awarded him his attorneys’ fees and costs, pre and post-judgment interest and front pay for one year. Cannada v. Old Dominion Brush Company Inc., VLW 022-3-181 (9 pages)

Employment Discrimination

Gender bias

Where there was “conflicting and inconsistent evidence” about why a female school science supervisor was paid less than a male comparator, a jury will decide whether the school board discriminated based on her gender, the Western District of Virginia ruled. Barnett v. Roanoke County School Board, VLW 021-3-534 (30 pages)

Employment Discrimination

Gender bias

Where a company executive allegedly told a male employee that it was easier to terminate him than contend with his female coworker who accused him of sex harassment, the employer’s motion for summary judgment was denied. Whitley v. SecTek Inc., VLW 022-3-140 (20 pages)

Employment

Hostile work environment

A school board should be granted summary judgment on a claim by a former elementary school cafeteria manager who alleged that a custodian perpetuated a hostile work environment, as there was no showing that his alleged conduct was based on her sex, a U.S. District Court judge determines. Atkins v. Smyth County Virginia School Board, VLW 022-3-095 (16 pages)

Employment Discrimination

Hostile work environment

Where a former Liberty University employee alleged he was subjected to a hostile work environment based upon his race, sexual orientation, religion and the intersection of his religion and sexual orientation, but he never informed any relevant university authority of his complaint, Liberty is granted summary judgment. McLaurin v. Liberty University, VLW 022-3-167 (14 pages)

Employment Discrimination

Pregnancy

Where a former Smyth County teacher twice posted profane and inappropriate comments about a student and a parent on social media, which resulted in complaints from parents, that behavior was the basis not to renew her contract, not her pregnancy. Davidson v. Smyth County School Board, VLW 022-3-027 (29 pages)

Employment Discrimination

PTSD

Where a government contractor terminated the plaintiff’s employment because he lost authorization to access the Quantico worksite, and not because of his post-traumatic stress disorder/anxiety disorder or PTSD/AD, it prevailed on his disability discrimination claim. Salmoiraghi v. Veritiss LLC, VLW 022-3-158 (30 pages)

Employment Discrimination

Race

Where a Black teacher alleged a school principal elevated her teaching assistant over her while not interfering in the relationship between other white teachers and their assistants, she plausibly alleged a claim for race discrimination, the Eastern District of Virginia held. Ashanti v. City of Richmond School Board, VLW 021-3-546 (7 pages)

Employment Discrimination

Race

Where a former medical assistant for the University of Virginia Medical Center alleged her termination was the result of race discrimination, at the motion to dismiss stage UVA could not rely on her termination document to argue that she was let go for performance reasons. Torres v. Rector and Board of Visitors for the University of Virginia, VLW 022-3-142 (6 pages)

Employment Discrimination

Race bias

Where a firefighter with the Alexandria Fire Department alleged he was passed over for a one-year paramedic internship because of his race, but the evidence showed the placement of interns was nondiscriminatory, judgment was awarded to the fire department. Lyons v. City of Alexandria, VLW 022-2-133 (18 pages)

Habeas corpus

Voir dire

A petitioner was not entitled to habeas corpus relief after a juror falsely answered three voir dire questions including whether a relative was employed by law enforcement, as the false answers were unintentional and did not reveal actual bias, the 4th U.S. Circuit Court of Appeals determines. Porter v. White, VLW 022-2-006 (17 pages)

Immigration

‘Prosecution witness’

An applicant’s claim for withholding of removal — based on an argument that his status as a “prosecution witness” would result in threats to his life or freedom in Honduras — was correctly rejected because the social group was not sufficiently particular, the 4th U.S. Circuit Court of Appeals decides. Herrera-Martinez v. Garland, VLW 022-2-002 (27 pages)

Insurance

COVID-19

Policyholders were not entitled to insurance coverage for losses related to the pandemic-related partial suspension of their operations or the costs expended to remediate the presence and future threat of COVID-19, as a communicable disease caused by a virus does not fall within the ambit of language used to define the “pollution condition” term in their policy, a U.S. District Court judge determines. Central Laundry LLC v. Illinois Union Insurance Company, VLW 022-3-001 (25 pages)

Insurance

COVID-19 pandemic

Where a large health system sought recovery for business losses caused by the COVID-19 pandemic, its claim was properly denied because the losses were not “direct physical loss of or damage” and the policy unambiguously excludes coverage caused by virus contamination. Carillon Clinic v. American Guarantee & Liability Insurance Co., VLW 022-3-061 (40 pages)

Insurance

Firearm

Where a father shot his son and the son sued, alleging both negligence and intentional conduct by his father, the carrier must defend the father. Travco Insurance Company v. Patteson, VLW 022-3-215 (10 pages)

Insurance

Pandemic

A West Virginia business that closed two of its art studio locations because of the governor’s COVID-19 executive order could not recover for lost business income and other expenses, as there was no material destruction or harm to its covered premises, the 4th U.S. Circuit Court of Appeals decides. Uncork and Create LLC v. The Cincinnati Insurance Company, VLW 022-2-066 (14 pages)

Insurance

UIM coverage

Where the plaintiff claimed an insurance policy included $1 million of underinsured coverage that should be available in a wrongful death action, her motion for summary judgment was denied because the policyholder had reduced the limit to $70,000. Khattab v. Berkley Regional Insurance Company, VLW 022-3-169 (14 pages)

Intellectual Property

Jurisdiction

Where a company and individual sued for violations of the Lanham Act, defamation, tortious interference with plaintiffs’ prospective business advantages and relationships and business conspiracy did not purposefully avail themselves of the benefits and privileges of Virginia law, there was no jurisdiction over them. Commission on Health Care Certification Inc. v. FIG Services Inc., VLW 022-3-231 (18 pages)

Jurisdiction

Consent

A party that consented to the jurisdiction of a U.S. magistrate judge could withdraw such consent before any other party consented, as there was no need to show good cause in order to withdraw consent, the 4th U.S. Circuit Court of Appeals holds. Muhammad v. Fleming, VLW 022-2-076 (14 pages)

Jurisdiction

Removal

A suit over groundwater contamination on land owned by West Virginia State University could not be removed from state court, as the defendants’ adherence to federal law did not mean they were “acting under” federal supervision, the 4th U.S. Circuit Court of Appeals decides. West Virginia State University Board of Governors v. The Dow Chemical Company, VLW 022-2-004 (43 pages)

Jurisdiction

‘Snap removal’

The “forum defendant” rule did not prohibit the removal of a case from state court, as the removal occurred before the forum defendants were “joined and served,” a U.S. District Court judge rules. Spigner v. Apple Hospitality REIT Inc, VLW 022-3-127 (11 pages)

Negligence

Affirmative defense

Where a driver and his employer who were sued for allegedly causing a motor vehicle accident that injured the plaintiff both filed answers that explicitly reserved their right to raise contributory negligence as a defense, the plaintiff was on notice as to the defense and its motion in limine was denied. Seamster v. Taylor, VLW 022-3-060 (5 pages)

Negligence

Hiring and retention

The employer of a driver who was involved in an accident that catastrophically injured two persons was not entitled to dismissal of a claim for negligent hiring and retention, and the complaint alleged the driver was fired from his previous job because of “too many incidents” that were serious enough to render him disqualified from consideration for rehire, a U.S. District Court judge decides. Paul v. Western Express Inc., VLW 022-3-080 (9 pages)

Negligence

Trip and fall

Summary judgment should be awarded to a retail store in a suit brought by a shopper who tripped on a pallet display and fell, as the risk of tripping over the display was open and obvious, so her contributory negligence fully bars any recovery under Virginia law, a U.S. District Court judge holds. Roberson v. Ollie’s Bargain Outlet Inc., VLW 022-3-075 (6 pages)

Negligence

Medical expert certification

Although a Virginia statute requires a plaintiff asserting a medical malpractice claim to obtain an expert certification before serving defendants, this requirement is inapplicable in federal court because it conflicts with the Federal Rules of Civil Procedure. Zupko v. United States of America, VLW 022-2-025 (3 pages)

Products Liability

Expert testimony

Where a restaurant server claimed she was injured by a defective tea brewer, but her professional engineer expert never examined the actual brewer and there was no testimony that the brewer he examined was the same model, his opinion was excluded as unreliable, according to a judge from the Eastern District. Crummett v. Bunn-o-matic Corporation, VLW 021-3-532 (14 pages)

Real Estate

Special use permit

Appellant property owners living within or near a private easement have standing to challenge a special use permit that, the owners allege, will increase traffic on the easement, resulting in “particularized” harm. The circuit court erred by concluding appellants lack standing to sue. Seymour, et al. v. Roanoke County Board of Supervisors, et al., VLW 022-6-032 (14 pages)

Real Estate

Transit proffer

Where a transit proffer agreement conditioned a landowner’s liability for payments upon the county extending public transportation to the landowner’s development project, the agreement cannot be enforced. Board of Supervisors of the County of Albemarle v. Route 29, LLC, VLW 022-6-029 (17 pages)

Sanctions

Dismissal

Where a company suing for trademark infringement willfully fabricated evidence to support its claims, resulting in prejudice to the defendant and the judicial process, the lawsuit was dismissed and the defendants were awarded their attorneys’ fees and costs spent investigating and litigating the misconduct. For Life Products LLC v. Virox Technologies Inc., VLW 022-3-221 (31 pages)

Search and Seizure

Bag

A police search of a defendant’s bag was unlawful, as the defendant was handcuffed on the ground and had no access to his bag at the time it was searched by officers, so neither the bag nor the defendant posed any danger to the officers at the time of the search, the 4th U.S. Circuit Court of Appeals determines. United States v. Bundy, VLW 022-2-047 (28 pages)

Search and Seizure

Cellphone

Exigent circumstances supported a warrantless request to a cellphone provider for a “ping” of a defendant’s cellphone, as (1) the defendant’s former girlfriend told police he had broken into her home, was armed and threatened to kill her, her family or law enforcement, (2) the police found her credible and (3) the defendant had a violent criminal history, the 4th U.S. Circuit Court of Appeals rules. United States v. Hobbs, VLW 022-2-027 (13 pages)

Taxation

Freelancer

A city’s tax ordinance does not apply to a freelance writer because he does not provide a service and his business is not covered by the ordinance’s catchall provision. City of Charlottesville v. Regulus Books, LLC, VLW 022-6-031 (9 pages)

Tort

Experts

Where two men filed suit over their interaction with security at Busch Gardens amusement park and planned to testify as experts on security personnel conduct in their own case, they were precluded from doing so because their disclosures were deficient and they lacked experience and training. Rivera v. Seaworld Parks and Entertainment LLC, VLW 022-3-190 (9 pages)

Tort

Fraudulent inducement

Where a woman alleged she was fraudulently induced into retaining a lawyer to represent her brother who was charged with armed burglary with intent to commit murder, but she presented no factual allegations showing the attorney’s statements were false or made for the purpose of inducing representation, her fraud claim was dismissed. Morgan v. Broccoletti, VLW 022-3-189 (9 pages)

Tort

Preemption

A homeowner’s claim that her household goods were lost or stolen during a move was subject to a federal statute preempting state law causes of action for goods lost or damaged in transit, as the homeowner could not escape application of the statute by alleging theft or other criminal conduct, the 4th U.S. Circuit Court of Appeals ruled. Brentzel v. Fairfax Transfer and Storage Inc., VLW 021-2-353 (15 pages)

Tort

TRO

Where the plaintiff alleged that financial institutions and a commonwealth agency conspired to deny him weekly pandemic unemployment assistance payments, his request for injunctive relief was denied because, among other reasons, the alleged injuries were compensable in damages. Tau v. Commonwealth One Federal Credit Union, VLW 022-3-183 (6 pages)

Workers’ Comp

Res judicata

Even though claimant’s medical benefits claim included a claim for deep vein thromboses, where the deputy commissioner’s award did not address DVT, and neither party appealed, the award became final and res judicata bars a later claim to pay for DVT medical treatments. Rich v. Facebook, Inc., et al., VLW 022-7-125 (Unpublished) (14 pages)