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Recent Articles from Virginia Lawyers Weekly
The VLW Digital Edition – Sept. 25, 2023
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Court dismisses most employee COBRA notice claims
Recent years have seen a rise in class action lawsuits claiming that a company’s COBRA notice was inadequate and failed to meet Department of Labor (DOL) regulatory requirements. These lawsuits generally claim that the COBRA election notices either failed to include all the required information or that they deviated in a meaningful way from the […]
OSHA proposal would allow union reps (and others) at workplace inspections
Late last month, the Occupational Safety and Health Administration (OSHA) issued a proposed rule that would expand the third parties who could participate in an OSHA inspection. Specifically, the rule would give a designated employee representative the right to accompany an OSHA inspector on a walkaround, regardless of whether the representative is your employee. OSHA’s […]
Debtor fails to show that signatures were forged
Where a bank filed claims against a debtor based on personal guarantees he allegedly executed to secure multiple loans, and the debtor argued his signatures were forged on the guarantees, the bankruptcy court did not err in rejecting his arguments. Background Byron David and Lisa David were married from 1991 to 2012. During that time, […]
023-3-522 – David v. Summit Community Bank
David v. Summit Community Bank, Case No. 1:22-cv-1154, Aug. 30, 2023. EDVA at Alexandria (Giles). VLW 023-3-522. 24 pp. Full-Text Opinion
Alleged defect in service of process excused
Where a foreign company argued that it wasn’t properly served because an affidavit evidencing service was materially defective, but actual notice remedies any defects of service, and the company had notice of the case within the statutorily required timeframe, the alleged defect was of no moment. Background This case comes out of a long series […]
023-3-485 – Galloway v. Martorello
Galloway v. Martorello, Case No. 3:19-cv-314, Aug. 11, 2023. EDVA at Richmond (Payne). VLW 023-3-485. 11 pp. Full-Text Opinion
Sales reps defeat injunction motion by former employer
Where a manufacturer of spinal implants and hardware alleged its former sales representatives violated contractual non-compete and non-solicit obligations, but the manufacturer was unlikely to succeed on its breach of contract claim, and the balance of equities and public interest did not favor a preliminary injunction, the manufacturer’s motion for injunctive relief was denied. Background [&hel[...]
023-3-528 – Globus Medical Inc. v. Jamison
Globus Medical Inc. v. Jamison, Case No. 2:22-cv-282, Aug. 30, 2023. EDVA at Norfolk (Walker). VLW 023-3-528. 7 pp. Full-Text Opinion
Court refuses to strike damages expert’s report
Where the damages expert in an infringement action properly included non-infringing support and maintenance revenue in his royalty base, the defendant’s motion to strike his report was denied. Background Daedalus Blue LCC alleges that products offered by defendant MicroStrategy Incorporated infringe on its ’172 and ’076 patents. Defendant filed a motion to exclude the expert […]
023-3-521 – Daedalus Blue LCC v. MicroStrategy Incorporated
Daedalus Blue LCC v. MicroStrategy Incorporated, Case No. 2:20-cv-551, Aug. 29, 2023. EDVA at Norfolk (Young). VLW 023-3-521. 20 pp. Full-Text Opinion
Company can’t dismiss securities class action
Where plaintiffs suing an insurance company for making material misstatements about its reserves plausibly pleaded claims under the Exchange Act and SEC Rule 10b-5, the motion to dismiss filed by the company and its executives was denied. Background Plaintiffs bring this action against James River Group Holdings Ltd. and several of its executives on behalf […]
Verdicts & Settlements
- 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
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
