Virginia Lawyers Weekly VA Lawyers Weekly

Where the pro se plaintiff didn’t plead any facts plausibly suggesting he was the victim of discrimination, didn’t even allege the protected class under the Civil Rights Act of which he is a member and didn’t identify what section of ...

Tagged with: Civil Rights Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a mother alleged the school board violated her minor son’s Fourth, Fifth and Sixth Amendment rights, but the underlying events involving alleged possession and distribution of pornographic images of another minor took place in Virginia Beach where the parties ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a consultant who was terminated retained his company laptop, which contained notes from about potential customers, he was liable for breach of contract and conversion, with a jury to determine the amount of damages. Background Richard A. Lombardo was ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where the removing party in an insurance coverage declaratory judgment action could not show that there was clear diversity among the parties, the case was remanded to state court. Background This matter is a declaratory judgment action filed by State ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

Where information about the banks’ realty-referral programs was publicly disclosed, that information was the subject of the relators’ suit and the relators weren’t original sources, their False Claims Act suit was dismissed. Background Relators are real estate agents who allege ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Although an individual allegedly told the plaintiff that his minor daughter had been assaulted, the intentional infliction of emotional distress claim was dismissed because such conduct isn’t sufficiently outrageous. Background Momolu Sacker Sirleaf alleges that in 2005, while he was ...

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

Where an electric cooperative did not exercise the rights granted by a Virginia statute that purported to broaden the scope of existing electrical easements to include the right to use them to install and operate broadband without further compensation to ...

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

Where a contracting party moved for reconsideration of the court’s order denying its motion to dismiss, the motion was denied because parol evidence was needed to provide context to the confusing and contradictory contract terms. Background Fifth Third Bank N.A., ...

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

Where the complaint alleged a volunteer fire truck driver did not activate his lights or sirens when he attempted a U-turn out of the right lane, it plausibly alleged he was grossly negligent in his operation of the truck, thereby ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

Tagged with: Domestic Relations Judge Rosemarie Annunziata Virginia Court of Appeals