Virginia Lawyers Weekly VA Lawyers Weekly

Where the original complaint filed by a landowner alleging her house was damaged when a railroad diverted water asserted only state-law claims for negligence, nuisance and trespass, but her amended complaint included new claims for adverse possession and prescriptive easement ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Albert Diaz

Where a former bank employee asserted discrimination claims within 90 days from the date she received a right-to-sue notice, but her suit was dismissed without prejudice for failure to prosecute, the dismissal didn’t toll the 90-day statute of limitations. As ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Where the new owner of Hickory Hill, Robert Kennedy’s Virginia home, promised Kennedy’s daughter Kerry in 2010 that she could take a decorative lawn urn from her parents’ property in 10 years, that agreement was enforceable, supported by adequate consideration, ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a corporate party to a joint venture allegedly made promises to a hotel management executive that it never intended to keep, a jury will decide if the executive was fraudulently induced to commit his time and energy to the ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Where two members were disassociated from the LLC, that terminated their memberships in the LLC for purposes of federal diversity jurisdiction. Background This is a lawsuit for declaratory and other equitable relief brought by three individuals who are or were ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

Where the provider of environmental and waste disposal services alleged there was an express agreement to be paid for its services, its unjust enrichment claim was dismissed because a party may not pursue such a claim if an express contract ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a homeowner alleged that banks did not provide a proper cure notice as  required by her deed of trust, but the record showed she received a notice that satisfied all of the deed’s requirements, the banks prevailed on the ...

Tagged with: Contract Judge Roderick C. Young U.S. District Court - Eastern District

Where the expert for a woman injured in an automobile accident opined that she would need a future spinal fusion surgery, but that she would have to lose a substantial amount of weight before that surgery, the weight loss contingency ...

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

Where the United States showed a law firm was liable for unpaid employment and unemployment taxes, funds which it withheld from its employees’ wages but failed to remit to the IRS, the government was awarded $219,496.82, plus statutory interest and ...

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

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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