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Personal Injury

No evidence that store had ‘constructive notice’ of puddle (access required)

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 ...

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Washington Post succeeds in transferring Nunes’ libel suit to DC (access required)

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 ...

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Libel defendant enjoined from repeating defamatory statements (access required)

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’ ...

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Case incorrectly dismissed after Kentucky settlement (access required)

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 ...

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Conduct of jail’s health care provider belies indifference (access required)

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 ...

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No duty to defend insureds in faulty construction lawsuits (access required)

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 ...

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