Virginia Lawyers Weekly VA Lawyers Weekly

After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Contract Judge Robert B. King Standing Tort

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

Tagged with: Civil Rights Constitutional Due Process Judge Jackson L. Kiser Personal Injury Search & Seizure Tort U.S. District Court - Western District

A plaintiff who was owed a medical-malpractice judgment that would partially be reimbursed to Medicare had standing to sue the judgment debtor for delayed payment. However, the 37 days between the judgment and payment did not constitute “delay.” Background In ...

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

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge David A. Oblon Negligence Personal Injury Tort Virginia Circuit Courts

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

Tagged with: Constitutional Employment Judge James P. Jones Personal Injury Search & Seizure Tort U.S. District Court - Western District

The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought ...

Tagged with: Civil Procedure Evidence Judge Douglas L. Fleming Jr. Loudoun County Circuit Court Negligence Personal Injury Tort Virginia Circuit Courts

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Tagged with: Justice Stephen R. McCullough Landlord/Tenant Negligence Personal Injury Supreme Court of Virginia Tort

A defendant driver said in his deposition that he couldn’t remember key details of a car crash, but his pre-suit description of the crash to his insurance company was not entitled to work-product privilege. Background Plaintiff Angel Monterrozo was injured ...

Tagged with: Evidence Insurance Judge Joseph J. Ellis Personal Injury Tort Virginia Circuit Courts

In a negligence action following the plaintiff’s collision with an ambulance, the volunteer driver’s company was an instrumentality of the state and, thus, exempt from liability arising from its contract with Frederick County. Background Defendant Gore Volunteer Fire Company provides ...

Tagged with: Judge Michael F. Urbanski Negligence Personal Injury Tort U.S. District Court - Western District

After tripping and injuring herself on her way out of a commercial building, a plaintiff won a $60,000 verdict against the building’s owner. The jury found that the step was in an unsafe condition that the owner should have known ...

Tagged with: Evidence Judge Clarence N. Jenkins Jr. Negligence Personal Injury Richmond Circuit Court Tort Virginia Circuit Courts