Virginia Lawyers Weekly VA Lawyers Weekly

A manufacturer stated a claim for defamation against the project-management company for whom it had provided turbines, based on oblique comments about “quality control” made by the company’s CEO on its shareholder earnings call. Background In this action, Plaintiff Fluor ...

Tagged with: Business Law Contract Judge M. Hannah Lauck Personal Injury Tort U.S. District Court - Eastern District

The district court did not err in dismissing an inmate’s Eighth Amendment claims or in declining to appoint counsel, but remand is necessary because the lower court failed to address the plaintiff’s state-law medical malpractice claims. Background Plaintiff Steven Banks ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Albert Diaz Personal Injury

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Evidence Judge Albert Diaz Personal Injury

An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Diana Gribbon Motz Personal Injury Search & Seizure

A plaintiff claiming that her supervisor defamed her with crude comments at work could not hold their employer vicariously liable for the statements. The comments were outside the scope of employment, and the district court lacked any indication that this ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III Personal Injury Tort

After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Contract Judge Robert B. King Standing Tort

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

Tagged with: Civil Rights Constitutional Due Process Judge Jackson L. Kiser Personal Injury Search & Seizure Tort U.S. District Court - Western District

A plaintiff who was owed a medical-malpractice judgment that would partially be reimbursed to Medicare had standing to sue the judgment debtor for delayed payment. However, the 37 days between the judgment and payment did not constitute “delay.” Background In ...

Tagged with: 4th U.S. Circuit Court of Appeals Health Care Judge J. Harvie Wilkinson III Personal Injury

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge David A. Oblon Negligence Personal Injury Tort Virginia Circuit Courts

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

Tagged with: Constitutional Employment Judge James P. Jones Personal Injury Search & Seizure Tort U.S. District Court - Western District