Virginia Lawyers Weekly VA Lawyers Weekly

Where an ophthalmologist alleged defendants fraudulently guaranteed geographic exclusivity of a medical device, his suit was dismissed because there is no claim for “constructive fraud by omission” in Virginia. Fraud by omission requires that the nondisclosing party deliberately fails to ...

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

Where a plaintiff suing Alex Jones, InfoWars and two other parties for libel sought all documents regarding prior libel or defamation suits involving the defendants for the past 10 years, its motion to compel was denied because the request was ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a female student accused a male student of sexual misconduct, a jury will decide if a Washington & Lee University hearing panel’s determination was predicated on biased assumptions regarding the sexual preferences of men and women. Background John Doe ...

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

Where plaintiff, an active member of the U.S. Navy, sued defendant, also an active navy member, for injuries sustained in a car accident, defendant is not immune from suit under the Feres doctrine because plaintiff’s injuries were not “incurred incident ...

Tagged with: Judge Joel P. Crowe Personal Injury Portsmouth Circuit Court Virginia Circuit Courts

A professional truck driver’s motion to dismiss the punitive damages claim brought by parties involved in a multicar accident was denied because a reasonable jury could find he acted in a willful and wanton manner by driving too fast for ...

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

Where a school bus driver whose vehicle was hit by a tractor-trailer failed to identify one of her experts until 10 months after the deadline in the scheduling order, her claim that he was a rebuttal expert was rejected. Her ...

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

Where the record did not show the decedent had frequent, regular and proximate contact with a company’s asbestos insulation, the company prevailed on the wrongful death claims. Background After Charles F. Connor died at the age of 90 of mesothelioma, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Stephanie Dawn Thacker Products Liability

Where a minor plaintiff claims defendant fraternity members required him to consume large amounts of alcohol if he wanted further consideration for membership, most of his claims survive defendants’ demurrers and pleas at bar. Party time Plaintiff alleges that he ...

Tagged with: 27th Circuit Court Judge Josiah T. Showalter Jr. Personal Injury Virginia Circuit Courts

Where defendants seek to admit a doctor’s note in plaintiff’s medical records without having him testify at a deposition or at trial, the portion of the note containing plaintiff’s medical history and his condition when he arrived at the hospital ...

Tagged with: Judge William W. Eldridge IV Medical Malpractice Virginia Circuit Courts Winchester City Circuit Court

Where a retired but still active pastor alleged molested a child who belonged to a local church, the circuit court incorrectly dismissed her claims against the state and national churches for negligent hiring and retention, vicarious liability and negligent infliction ...

Tagged with: Justice Stephen R. McCullough Personal Injury Supreme Court of Virginia