Virginia Lawyers Weekly VA Lawyers Weekly

Where liability experts offered opinions that were not contained in their expert disclosures, rested on unreliable facts and data or rested on unreliable principles and methods of testing, those opinions were struck. Background While operating a tractor-trailer owned by his ...

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

Where a village town manager published an affidavit in which he falsely stated that complaints were filed against town safety officers “involving inappropriate electronic communications that created a hostile work environment in violation of Village policy,” he was liable for ...

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

Where the father of a 14-year-old alleged that her face was smashed into the floor by Lynchburg police officers working off-duty at a mall, her suit was narrowed because the facts did not support claims for intentional infliction of emotional ...

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

Where defendants sued for their alleged responsibility for a motor vehicle accident argued that one company was improperly named as a defendant, but the record showed a potential basis for liability against that company, its presence destroyed diversity jurisdiction and ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

Where an engineering manufacturer intends to rely upon the government contactor defense in an asbestos suit, it must present evidence of the government’s knowledge about the asbestos hazards presented by the manufacturer’s products or equipment, and not just the government’s ...

Tagged with: Judge Raymond A. Jackson Products Liability U.S. District Court - Eastern District

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where a polo player was investigated for allegedly directing a racial slur toward a minor and then bullying him, but was cleared of the charges, his subsequent defamation, breach of contract and emotional distress claims against the investigating organization were ...

Tagged with: Judge Leonie M. Brinkema Tort U.S. District Court - Eastern District

Where a hospital was granted summary judgment on a claim that it breached the standard of care by failing to timely transfer a patient to another hospital, but the district court erred in its interpretation of West Virginia’s Medical Professional ...

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

Where two men filed suit over their interaction with security at Busch Gardens amusement park and planned to testify as experts on security personnel conduct in their own case, they were precluded from doing so because their disclosures were deficient ...

Tagged with: Judge Lawrence R. Leonard Tort U.S. District Court - Eastern District

Where photos showed that two wooden pallets in a Walmart garden center over which a shopper tripped were an open and obvious condition of which she was aware or should have been aware, the store was granted summary judgment. Background ...

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