Virginia Lawyers Weekly VA Lawyers Weekly

The trial court incorrectly granted defendants’ motion to strike plaintiff’s malicious prosecution claim after weighing the evidence and making findings of fact without viewing the evidence in a light favorable to plaintiff. Overview Appellant Dill was mistakenly identified as a ...

Tagged with: Justice S. Bernard Goodwyn Personal Injury Supreme Court of Virginia

Where Justin Fairfax, the Virginia lieutenant governor, failed to plead facts plausibly suggesting that CBS aired reports of two women who accused him of sexual assault with a “high degree of awareness” that he likely did not assault them, his ...

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

Where the parties disputed who was driving a tractor-trailer that left the road and crashed, killing both occupants, the trial court correctly excluded experts’ identity evidence and certain medical evidence about one of the occupants. The court also correctly refused ...

Tagged with: Justice LeRoy F. Millette Jr. Personal Injury Supreme Court of Virginia

Where liability may be imposed only where the United States was grossly negligent, and a woman who fell during her visit to public park did not plead facts showing the government made a deliberate decision not to repair a known ...

Tagged with: Judge M. Hannah Lauck Negligence U.S. District Court - Eastern District

Where the parents of a 6-year-old killed in an automobile accident alleged the trucker that struck their vehicle continued to operate at full speed despite warnings of slowed traffic, they plausibly alleged a claim for gross negligence. Background Jamie McCann ...

Tagged with: Judge David J. Novak Negligence U.S. District Court - Eastern District

Where a woman suing for medical malpractice arising out of surgery to fix an abdominal hernia failed to file an expert report by the deadline, and then provided a late expert report that was deficient, her motion to permit a ...

Tagged with: Judge Robert G. Doumar Medical Malpractice U.S. District Court - Eastern District

Where the doctor argued he was simply following prison guidelines when he treated a detainee suffering from Hepatitis C, but the record showed he failed to order additional testing when the patient’s bloodwork exceeded the thresholds in the same guidelines, ...

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

Where a man directed by his probation officer to perform community service at a landfill was stuck and injured by a vehicle, he plausibly alleged the landfill’s owner breached a duty to provide training, warnings, supervision or signage, and that ...

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

Where video evidence showed that Walmart placed two orange warning cones in the aisle where a spill had occurred, it prevailed on the negligence claim because it provided adequate warning of a dangerous condition and the shopper’s contributory negligence was ...

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

Where a cancer patient asserting a claim for medical malpractice against the United States timely filed suit in state court, but then nonsuited it, her nonsuit did not toll the Federal Tort Claims Act, or FTCA, statute of limitations. While ...

Tagged with: Judge Raymond A. Jackson Medical Malpractice U.S. District Court - Eastern District