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Recent Articles from Correy E. Stephenson
Class certification affirmed over member’s objection
A district court properly approved the settlement of a long-running class action suit brought by life insurance policyholders, the 4th U.S. Circuit Court of Appeals has held. Writing for the 4th Circuit in its March 15 opinion, Judge Diana Gribbon Motz rejected the objection by a single policyholder and laid down for the first time […]
4th Circuit recognizes ‘overtime gap time’ claim under FLSA
An emergency medical services employee adequately alleged a violation of the Fair Labor Standards Act, or FLSA, under the theory of “overtime gap time,” a panel of the 4th U.S. Court of Appeals has ruled in reversing judgment on the pleadings for the employer. The district court had dismissed the suit based on a “misreading” […]
Teacher’s claim survives motion to dismiss
A former Richmond Public Schools teacher can move forward on her Title VII claim for race discrimination against the school district, a federal court judge has ruled. U.S. District Judge John A. Gibney Jr. determined that the teacher made sufficient allegations from which a finder of fact might conclude that she suffered racial discrimination, rejecting […]
First impression: Absolute privilege may apply to lis pendens
Answering a question of first impression, the Virginia Supreme Court unanimously ruled that the filing of a lis pendens is part of a judicial proceeding for purposes of establishing absolute privilege against a defamation claim. However, Judge William C. Mims was careful to hold that absolute privilege does not apply to non-defamation torts in Virginia. […]
Former DSS director advances wrongful termination claim
A former Department of Social Services (DSS) director can move forward on her First Amendment retaliation and wrongful termination claim against a member of the DSS Board and County Board of Supervisors, a federal court judge has ruled. But U.S. District Court Judge Thomas T. Cullen rejected the fired employee’s §1983 due process claim, ruling […]
4th Circuit: Many paths to same-sex Title VII claim
The 4th U.S. Court of Appeals has revived a worker’s claim of same-sex sexual harassment, joining five sister circuits in holding that such plaintiffs aren’t limited to the three distinct evidentiary options outlined in a U.S. Supreme Court decision from 1998. Chazz Roberts was hired as a “dive tender,” or diver’s assistant, by Glenn Industrial […]
Pulp friction: $9.62M verdict for juice maker upheld
A judge correctly read an ambiguous contract to find that a juice maker had been squeezed by one of its buyers for millions of dollars in rebates that the buyer wasn’t entitled to, the 4th U.S. Circuit Court of Appeals has ruled, affirming a $9.26 million verdict in the juice maker’s favor. Gregory Packaging Inc., […]
Juror’s use of Twitter doesn’t equal impropriety
A former justice of the West Virginia Supreme Court, convicted on 11 criminal counts in a week-long trial, challenged his convictions and sought an evidentiary hearing claiming one of the jurors improperly checked her Twitter account during the trial. But the ex-justice lacked evidence that the juror actually read any tweets related to the trial, […]
Reservation of rights letter doesn’t create conflict
The 4th U.S. Circuit Court of Appeals has upheld a South Carolina judge’s ruling that found no conflict of interest with either an insurer’s reservation of rights letter to an insured or the actions of the attorney provided to the insured by the insurer, handing down a prediction of how the South Carolina Supreme Court […]
Hog farm dispute settles after 4th Circuit’s split decision
The neighbors of a North Carolina hog farm have reportedly reached a deal with the company that owns the farm after the 4th U.S. Court of Appeals upheld a jury verdict holding the owners liable for compensatory and punitive damages for violating the state’s nuisance law. The court remanded a large punitive damages award because […]
4th Circuit allows evidence for foreign arbitration
Teeing up a circuit split, a panel of the 4th U.S. Circuit Court of Appeals has held that a party to private arbitration in the United Kingdom can obtain testimony from residents of South Carolina for use in the arbitration. Servotronics supplied valves to Rolls-Royce for use in an engine later installed on a new […]
More than just Miss Virginia USA
The third year of law school typically entails late nights of studying, trying to get any and all papers complete on time and the rising terror of the approaching bar exam. Not typically on the agenda: the Miss USA pageant. But on July 12, Laura Puleo, a recent graduate of the Washington & Lee law […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
