Virginia Lawyers Weekly VA Lawyers Weekly

Where an elderly patient died after contracting COVID-19 in defendant hospital’s senior care facility, her estate’s claim is a medical malpractice case. Defendant’s motion to dismiss for lack of expert certification is granted. Background Goodwin, an 81-year-old woman, was a ...

Tagged with: Judge Gary A. Mills Medical Malpractice Newport News Circuit Court Virginia Circuit Courts

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Robert J. Smith Virginia Circuit Courts

Where the company operating a prison argued it was entitled to summary judgment on a claim arising out of a guard’s sexual assaults of an inmate assigned to the laundry, because the guard was supervising the inmate during each of ...

Tagged with: Judge Mark S. Davis Tort U.S. District Court - Eastern District

Even though one of defendant landlord’s employees reported to other employees that he saw plaintiff tenant sitting in his apartment bathroom “‘not very alert’ and potentially ‘ill,’” there was no duty to check on plaintiff’s welfare. As a result, the ...

Tagged with: Arlington County Circuit Court Judge Daniel Fiore II Negligence Virginia Circuit Courts

Defendant’s statements to the press about plaintiff’s legal advice to the Portsmouth City Council lacked the necessary sting to support his defamation suit. Background Plaintiff is Portsmouth’s former city attorney. Defendant is the former mayor. Plaintiff’s complaint alleges that after ...

Tagged with: Judge Everett A. Martin Jr. Norfolk City Circuit Court Tort Virginia Circuit Courts

Where a shooting victim’s estate alleged that the shooter’s grandparents gave him permission to shoot targets on their property toward the house where the victim was visiting, the trial court erred by sustaining defendants’ demurrer on the basis that they ...

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

A libel suit brought by Rep. Devin Nunes, R-Calif., against The Washington Post and a DC-based reporter was transferred to DC federal district court because there was no “substantial connection” to Virginia, the parties and witnesses were based in DC ...

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

Where it has not been resolved whether healthcare professionals caused or exacerbated the plaintiff’s injuries, he has not shown he is entitled to damages in excess of Virginia’s $2 million statutory cap on medical malpractice damages and thus lacks standing ...

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

Where a truck driver died from hypothermia and drowning in Chesapeake Bay after the tractor-trailer he was driving went through a guardrail, sovereign immunity bars claims by the driver’s estate against the Chesapeake Bay Bridge and Tunnel (CBBT) District. Overview ...

Tagged with: Judge Leslie L. Lilley Personal Injury Virginia Beach Circuit Court Virginia Circuit Courts

Where a shopper suing Walmart for injuries suffered when a box fell on her initially sought $75,000 in damages in state court and then moved to increase her ad damnum amount, Walmart properly removed the case on the basis of ...

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