Virginia Lawyers Weekly VA Lawyers Weekly

A woman who slipped on a puddle of water in Target’s Gainesville store failed to show the store had “constructive notice” of the puddle. Her speculation about the source of the puddle was insufficient at summary judgment and her conduct ...

Tagged with: Judge Claude M. Hilton Negligence U.S. District Court - Eastern District

Twitter is immune from plaintiff’s defamation suit under 47 U.S.C. § 230. Twitter’s motion to dismiss is granted. As an initial matter, the court rejects plaintiff’s argument that this is the second motion to dismiss before the court and thus ...

Tagged with: Defamation Henrico County Circuit Court Judge John Marshall Virginia Circuit Courts

Despite efforts by U.S. Rep. Devin Nunes to keep his defamation and conspiracy suit against The Washington Post in the Eastern District of Virginia, the suit was transferred to the District of Columbia federal court. The article at issue was ...

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

CNN won its motion to transfer the libel suit brought by U.S. Rep. Devin Nunes to the Southern District of New York on the grounds that the Eastern District of Virginia was not Nunes’ “home forum,” and most of the ...

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

The bench trial testimony of a man allegedly injured when his vehicle collided with a mail truck contained enough “misperceptions” and “exaggerations” to doom his claim. The court instead found the testimony of a postal employee consistent and credible, and ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Although the Virginia Supreme Court and Fourth Circuit have never addressed whether a prevailing defamation plaintiff may obtain an injunction prohibiting a defendant from repeating defamatory speech, a man found to have made false and defamatory statements about the plaintiffs’ ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

Even though plaintiff settled wrongful death and personal injury claims against a medical defendant in Kentucky, that did not bar wrongful death and personal injury claims arising from the same injury against medical defendants in Virginia. Background Appellant Green is ...

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

Where a workplace feud resulted in a murder at a Wendy’s located in a travel center, the facts failed to show the owner of the travel center had knowledge of a threatened assault, or that the scheme involved more than ...

Tagged with: Judge John A. Gibney Jr. Negligence U.S. District Court - Eastern District

Where a health care provider at the Hampton Roads Regional Jail provided medical treatment to the inmate, its conduct contradicted the inmate’s claims of deliberate indifference to his foot wound. In addition, because there was no underlying constitutional violation, there ...

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

Where lawsuits brought against the insureds alleging shoddy construction of townhouses were “replete” with allegations of intentional conduct, that conduct is neither an “occurrence” nor an “accident,” so the insurer’s duty-t0-defend was not triggered. Allegations of negligent conduct were unsupported by ...

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