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Admissions policy withstands constitutional attack
Where a new admissions policy at Thomas Jefferson High School for Science & Technology visits no racially disparate impact on Asian American students, the district court erred when it concluded the policy violates the Fourteenth Amendment’s guarantee of equal protection. Background The question is whether the admissions policy adopted by Virginia’s Fairfax County School Board […]
Defendant’s stipulation may be enforced in later trial
In an issue of first impression, the court joined other circuits that have unanimously concluded that a district court may enforce in a later trial a stipulation entered into in an earlier trial, unless the stipulation was expressly limited to the first proceeding. Background Christopher Robertson was indicted on 22 counts of robbery-related activity and […]
Trademark attorney sanctioned by USPTO
Where a trademark attorney failed to act diligently and promptly in representing her clients before the United States Patent and Trademark Office, or USPTO, she was issued a public reprimand and placed on probation for 12 months. Background This matter comes before the court on Elizabeth Pasquine’s amended petition for review of an agency order […]
Kickback scheme results in $12M damages’ award
Where the United States showed a company violated the False Claims Act by paying kickbacks in connection with Medicare submissions, the United States was awarded $12,036,554.48 in damages. Background This civil action is brought under the False Claims Act based on alleged violations of the Anti-Kickback Statute through a fraud perpetrated on the Medicare program […]
Unjust enrichment claim remains a ‘live dispute’
Where a party argued there was no longer a justiciable Article III case or controversy following the court’s prior opinion, but the court found there was still a “live dispute” over whether the plaintiff unjustly enriched itself, the plaintiff’s motion to dismiss was denied. Background Therese Harmon, as trustee for the Harmon 1999 Descendants’ Trust, […]
Virginia lacks jurisdiction over foreign official in suit
Where a woman sued a foreign official, alleging he caused a defamatory statement to be issued on the internet, but there was no jurisdiction under Virginia’s long-arm statute, and the exercise of personal jurisdiction was constitutionally impermissible, the suit was dismissed. Background Shnyar Anwar Hassan has sued Masrour Barzani, the prime minister of the Kurdistan […]
National Park Service dismisses suit over guardrail
Where a woman alleged the National Park Service’s failure to install guardrails in a particular section of a parking lot resulted in a car accident, the suit was dismissed. The park service’s discretionary decision was based on public policy considerations and was rationally related to a legitimate state interest. Background Audrey Clement filed a complaint […]
Manager fails to show age was reason for termination
Where the record showed the man’s position was eliminated because of a need to downsize and because he scored the lowest of the three sales managers on a decision matrix, the employer prevailed on his age discrimination and retaliation claims. Background William Farley sued CMFG Life Insurance Company, or CUNA, for wrongful termination, retaliation and […]
Postal employee’s claims survive motion to dismiss
Where the lawsuit was filed within 90 days of the employee’s receipt of a determination of her second complaint, and that complaint alleged a hostile work environment, the continuing violation doctrine may allow her to overcome any objection as to time-barred discrete acts, so long as all acts are part of the same unlawful employment […]
UIM suit dismissed against carrier
Where an uninsured motorists, or UIM, carrier’s obligation arises only after judgment is entered against a tortfeasor, and the complaint here did not allege any judgment was entered against a tortfeasor, it was dismissed. Background Jacqueline Johnson brings breach of contract and breach of good faith and fair dealing claims against Nationwide Mutual Insurance Company […]
Carrier has duty to defend wrongful death shooting suit
Where a man fatally shot a woman, and then pleaded guilty to second-degree murder, but this court would not consider his guilty plea, and it was possible a jury might conclude that he acted negligently or unintentionally, the carrier had a duty to defend him against the wrongful death suit. Background On Dec. 1, 2020, […]
Official can’t dismiss claims arising out of detainee’s death
Where a lawsuit alleged that a correctional officer was present during assaults by his fellow officers on a detainee, the officer’s motion to dismiss the gross and willful and wanton negligence claims was denied. The complaint plausibly alleged the officer had a duty to protect the detainee and that the harm was foreseeable. Background The […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
Are you or your law firm cutting back on holiday gifts to clients, colleagues or associates?
- Yes, times are tough (78%, 29 Votes)
- No, it's business as usual (22%, 8 Votes)
Total Voters: 37
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