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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Where a disability insurer rescinded a policy based on alleged misrepresentations by the policyholder, but there are disputed issues of material fact over whether recission was allowed, if the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
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
Opinion Digests
- Freedom of Information – Exemption 5 protects draft PTAB written decision
- Fraud – Homeowners’ RICO claim is dismissed
- Criminal – Sex-offender convicted of providing false information
- Evidence – Defendants must respond to post-judgment discovery
- Patent and trademark – Several claims found to be ineligible for patent protection
- Criminal – Evidence supports robbery conviction
- Administrative – Internal Communications Among Patent Judges – Withheld Materials
- Criminal – Denial of continuance wasn’t abuse of discretion
- Criminal – Felony eluding conviction violated Double Jeopardy clause
- Criminal – Defendant was wrongly convicted of two counts of hit-and-run
- Criminal – Sexually-violent predator denied conditional release
- Constitutional – Redistricting effort violated Virginia Constitution
