Virginia Lawyers Weekly VA Lawyers Weekly

Where a government contractor asserted a claim for breach of an express warranty; a claim for the breach of implied warranty of merchantability and a claim for breach of the implied warranty of fitness for a particular purpose against a ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a company that provides intellectual property support services was sued for allegedly misrepresenting what it would charge for patent renewal services, but the alleged misrepresentations were only in the parties’ written agreement, and the complaint lacked allegations about the ...

Tagged with: Contract Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a man alleged that his sister deprived him of certain items that were bequeathed to him by their now deceased parents and filed suit against the persons who received those items, the suit was dismissed. The claim needed to ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Where two persons moved for summary judgment on their claims that they were unjustly and inappropriately terminated from their positions at a Martinsville hotel, but they relied only on unsupported, conclusory statements, their motion was denied. Background This dispute dates ...

Tagged with: Employment Judge Thomas T. Cullen U.S. District Court - Western District

Where a man alleged that he was fired as a seasonal bell ringer for the Salvation Army because of his age, his claim under the Age Discrimination in Employment, or ADEA, was dismissed. He failed to allege any facts that ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where an investigator in Liberty University’s Office of Equity & Compliance, or OEC, alleged that Liberty retaliated against her for complaining that Liberty discriminated against a male student during its Title IX investigation and for participating in an investigation about ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Where a man whose vehicle was struck by a postal carrier’s vehicle sued for alleged resulting injuries, but he failed to present his claim to the United States Postal Service before filing suit, as required by the Federal Tort Claims ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

Where the trial court entered a default judgment and awarded compensatory and punitive damages against appellant as a sanction for not responding to discovery requests, even though the court ordered appellant to do so, there was no abuse of discretion. ...

Tagged with: Civil Practice Judge Stuart A. Raphael Virginia Court of Appeals

Where the parties agreed that appellant could not reduce appellee’s share of his military pension by electing to receive disability pay instead of retired pay, appellant’s later election to receive disability pay and Combat-Related Special Compensation, which reduced appellee’s share, ...

Tagged with: Domestic Relations Judge Lisa M. Lorish Virginia Court of Appeals

Where a Court of Appeals panel ruled that a child’s out-of-court statements were admissible, despite the trial court’s ruling that the child was incompetent to testify in a sexual assault case, a petition for rehearing en banc is granted. Petition ...

Tagged with: Criminal Virginia Court of Appeals