Virginia Lawyers Weekly VA Lawyers Weekly

The question whether the Lexington Carriage Company is protected by the limited grant of immunity in Code § 3.2-6200 et seq. may be one of first impression. Cases involving horse-drawn carriages are few in number. Many other states have equine ...

Tagged with: Judge Anita D. Filson Personal Injury Rockbridge County Circuit Court Tort Virginia Circuit Courts

Despite not providing school transportation to students with known disciplinary problems, municipal entities had no duty to stop the students from harming residents of the neighborhoods the students traversed to reach school. Background Richard Fletcher and his wife lived just ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Municipal Personal Injury Tort

An award of nearly $38 million to a truck operator, who was severely injured when one of his tires blew out, was for the most part not excessive. The verdict was supported by the evidence, except for approximately $67,500 to ...

Tagged with: Evidence Judge Robert E. Payne Personal Injury U.S. District Court - Eastern District

Waste and water management systems in Iraq and Afghanistan were operationally controlled by the military, not its contractor. Thus, mass tort claims for harms caused by the contractors’ alleged environmental mismanagement were barred by the political question doctrine. Background As ...

Tagged with: 4th U.S. Circuit Court of Appeals Class Action Constitutional Judge Henry F. Floyd Personal Injury

Claims against a U.S. military contractor for its involvement in abuse of Abu Ghraib prison detainees can proceed and are not affected by the U.S. Supreme Court’s April decision in Jesner v. Arab Bank PLC. Background This civil action arises out ...

Tagged with: Constitutional International Law Judge Leonie Brinkema Tort U.S. District Court - Eastern District

A manufacturer stated a claim for defamation against the project-management company for whom it had provided turbines, based on oblique comments about “quality control” made by the company’s CEO on its shareholder earnings call. Background In this action, Plaintiff Fluor ...

Tagged with: Business Law Contract Judge M. Hannah Lauck Personal Injury Tort U.S. District Court - Eastern District

The district court did not err in dismissing an inmate’s Eighth Amendment claims or in declining to appoint counsel, but remand is necessary because the lower court failed to address the plaintiff’s state-law medical malpractice claims. Background Plaintiff Steven Banks ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Albert Diaz Personal Injury

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Evidence Judge Albert Diaz Personal Injury

An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Diana Gribbon Motz Personal Injury Search & Seizure

A plaintiff claiming that her supervisor defamed her with crude comments at work could not hold their employer vicariously liable for the statements. The comments were outside the scope of employment, and the district court lacked any indication that this ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III Personal Injury Tort