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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Where a disability insurer rescinded a policy based on alleged misrepresentations by the policyholder, but there are disputed issues of material fact over whether recission was allowed, if the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
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
