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Opinion Digests

Attorneys’ fees ordered as discovery sanction (access required)

Where plaintiff did not disclose, in response to defendant’s discovery request, a medical care provider he consulted for a second opinion in this medical malpractice case, plaintiff must pay defendant’s attorneys’ fees relating to the discovery violation. Background Plaintiff sued ...

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Defendant wins state recommendation for service of federal sentence (access required)

Where a defendant asked that he receive a nunc pro tunc designation of the Virginia Department of Corrections for service of his 70-month federal sentence, he received a recommendation that the Bureau of Prisons grant his request. Background This matter ...

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Complaint, 109 pages long with 29 counts, against university dismissed (access required)

A 29-count suit filed by a disgruntled doctoral candidate at Liberty University was dismissed because there was no indication the plaintiff’s gender played any role, university policies and handbooks did not create a contractual relationship, the university did not owe ...

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Direct or alter-ego theory not available in furniture store dispute (access required)

The plaintiff, a retail furniture store in North Carolina, failed to establish jurisdiction over the two individuals who sold it the business. Neither of the two sellers assumed individual obligations in the supply agreement, which was the basis of the ...

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Attorney’s bid for early release based on COVID vulnerability fails (access required)

A former tax attorney who pleaded guilty to bank and wire fraud was denied relief for a reduced sentence under the FIRST Step Act. Despite his claims of poor health and rehabilitation, he remains a threat to the community that ...

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Restaurant ordered to pay overtime and attorneys’ fees (access required)

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

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Attorneys’ fees reduced by half based on lack of success (access required)

Although the plaintiff prevailed on a claim under the Fair Debt Collection Practices Act, his overall lack of success, including recovering only 1.25% of the damages sought on the one count on which he prevailed, resulted in a 50% reduction ...

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Statements about competence were not mere puffery (access required)

Statements regarding defendant’s competence, ability to perform and serve as a “one-stop shop” for a roof repair project are factual representations because they were made with knowledge of the plaintiffs’ specific needs. These comments supported a claim for fraud in ...

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