Virginia Lawyers Weekly VA Lawyers Weekly

Where a woman alleged a case of wooden blinds fell from a shelf and struck her in the head and shoulders while she was shopping at Wal-Mart, and that the store manager herself improperly stacked and stocked the box of ...

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

Where a man sued the attorney representing his ex-wife, alleging that she had him arrested and incarcerated without trial, without bail and against his will, but the record showed the man was arrested as a result of his ex-wife’s complaint, ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Where a former Virginia Tech student alleged that the university violated his procedural Due Process rights, but he failed to identify a policy or custom that conferred a property right in continued enrollment, this claim was dismissed. Background John Doe ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

Where a former candidate for the U.S. Senate alleged that multiple media companies defamed him by describing him as a “felon,” although he was convicted and served one year in prison for a federal conspiracy offense that is classified as ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Tort

Where a residential owners association president claimed other owners defamed him in a letter, the complained-of statements lack the necessary “sting” to be considered defamatory. Narrowing the issue “We exercise de novo review of the circuit court’s decision sustaining the ...

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

There was sufficient evidence of causation to support a jury verdict for appellee in this medical malpractice suit against a practice group and a doctor. Causation “Emergency Physicians contend that the trial court erred in denying their motion to strike ...

Tagged with: Judge Clifford L. Athey Jr. Medical Malpractice Virginia Court of Appeals

Where one cardiothoracic surgeon allegedly stated that another cardiothoracic surgeon “misread” or “failed to recognize” the findings on the patient’s echocardiogram before beginning surgery, a jury will decide if the statements were false. Background A cardiothoracic surgeon, Dr. Barbara L. ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allison Jones Rushing Tort

Where an insurer removed a suit seeking a declaration regarding uninsured motorist coverage for a fatal accident, the suit was remanded to the circuit court. Resolution of this suit had the potential to offer an improper advisory opinion in the ...

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

Where a man participating in a TASER training session was struck in the eye when another class participant missed his target, the injured man can assert a negligence claim against the instructor who set up, implemented and executed the training ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Negligence

Where a daughter of a man who died of carbon monoxide poisoning at his city-owned apartment alleged the city elected to apply its carbon-monoxide detector policy only to privately owned apartments, understaffed its inspectors and personnel, operated a non-uniform repair ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Negligence