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Personal Injury

University fails to dismiss ex-student’s defamation claims (access required)

Where a former student in the physician assistant studies program at Shenandoah University alleged that university officials made comments about his skills and critical decision making, and raised concerns about patient safety to other university employees that were untrue, he ...

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No anti-SLAPP fees where suit voluntarily dismissed (access required)

Where the plaintiff voluntarily dismissed his defamation suit before the defendant filed her motion to dismiss in federal court, the defendant wasn’t entitled to recover attorneys’ fees pursuant to the Virginia “anti-SLAPP” statute. The statute and caselaw make it clear ...

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No negligence claim in tree crush case (access required)

Where appellee was severely injured when a tree on appellant’s property fell and crushed appellee’s car, the circuit court incorrectly overruled appellant’s demurrer to a negligence claim. The complaint did not allege that appellant “had engaged in any affirmative act ...

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Allegedly false statement wasn’t defamatory (access required)

Where the plaintiff asserted a claim for defamation based upon the defendants’ allegedly false statement that her house was scheduled for foreclosure, her defamation claim was dismissed because there were insufficient allegations the statement was defamatory under the law. Background ...

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Experts’ testimony narrowed in tractor accident suit (access required)

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 ...

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