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Tort – Court refuses to reinstate previously dismissed claims
The court denied Martin J. Misjuns's motion to reopen and amend his dismissed claims against the City of Lynchburg, citing untimeliness and lack of merit.
Negligence – Disability insurer denied summary judgment in lawsuit over rescission
Move Freight Trucking and Joshua Flores denied summary judgment on proximate cause in a Virginia interstate 81 crash involving a tractor-trailer and a sleeping driver.
Civil Rights – Officer sued after delaying child’s emergency room medical treatment
Where a police officer allegedly refused to let a child’s father enter a hospital emergency room for at least 150 seconds, so that the child could obtain treatment for a […]
Parent & Child – Parents’ suit over removal of children from their care is dismissed
The western district of Virginia dismissed the Allmans’ suit challenging child removal, citing sovereign and judicial immunity and lack of jurisdiction.
Insurance – Disability insurer denied summary judgment in lawsuit over rescission
Where a disability insurer rescinded a policy based on alleged misrepresentations by the policyholder, but there are disputed issues of material fact over whether recission was allowed, if the policyholder […]
Employment – FLSA settlement is approved
The edva court approved a $35,000 flsa settlement resolving a bona fide dispute over unpaid overtime wages and attorney’s fees.
Tort – Husband’s suit against wife’s attorney is dismissed
The western district of Virginia dismissed federal claims in husband Mohammed Azimi’s suit against wife’s attorney Palma Pustilnik in a child custody dispute.
Negligence – Defendants sued for not maintaining apartment fire prevention equipment
The western district of Virginia denied a motion to dismiss negligence per se claims against landlord and property manager for failing to maintain fire prevention equipment.
Banking – Credit union fails to dismiss overdraft fee policy suit
Where a customer pleaded facts making it plausible that a credit union did not properly inform its customers about its overdraft policy, leading to then incurring overdraft fees without their […]
Employment – Wife’s employment claims against husband’s business are dismissed
Where a wife filed multiple claims against her husband’s company, alleging she was not paid a regular salary for 11 years of work, but none of her claims were plausible, […]
Commercial – Trade secret claims narrowed suit against former franchisee
Where a franchisor asserted trade secret claims against its former franchisee, but it failed to plead facts plausibly showing its “specialized marketing strategies and materials” and “Brand Standards Manual” are […]
Criminal – Referring to ‘victim’ at trial may violate defendant’s rights
Where the defendant argued his constitutional rights were violated because the Commonwealth referred to the alleged victim as the victim at trial, thus removing the presumption of innocence that he […]
Verdicts & Settlements
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
Opinion Digests
- Real Property – Inverse condemnation claim over cemetery is dismissed
- Criminal – Fourth Circuit splits from First Circuit over Virginia robbery statute
- Civil Procedure – No jurisdiction over collection action
- Bankruptcy – Debtor’s plan rejected for myriad issues
- Criminal – Murder defendant’s sentence is vacated
- Criminal – Company executives convicted for not remitting trust-fund taxes
- Criminal – Victim’s testimony supports assault conviction
- Jury and jurors – Excuse of juror wasn’t abuse of discretion
- Employment – Urgent care clinic prevails on former employee’s discrimination claims
- Criminal – Drug distribution convictions trigger career offender enhancement
- Administrative – Court lacked jurisdiction over disputed Medicaid funds
- Criminal – Murderer denied new trial
