Free Newsletter
Civil Rights – Jury to decide if Lynchburg police officer used excessive force
Where a man alleged the officer violated his constitutional rights by kicking down his front door, punching him in the head multiple times and allowing a canine to attack him, […]
Employment – Employee’s whistleblower claim is dismissed
Where an employee failed to allege facts making it plausible that he reasonably believed that the unsafe loading procedure he witnessed violated a law or regulation and that he complained […]
Civil Rights – Law enforcement allegedly kept man in custody after 0.00 breathalyzer results
Where an individual alleged a law enforcement officer kept him in custody for hours after receipt of 0.00 breathalyzer results, his false imprisonment and unreasonable seizure claims survived the […]
Tort – Google dismisses suit over alleged website and social media suppression
Where an individual sued Google for working with the Vatican and United States government to suppress the visibility of his website and social media accounts, but each of his 12 […]
Contract – Statute of frauds forecloses breach of contract claim
Where a homeowner alleged that a loan servicer breached an oral agreement modifying the terms of her deed of trust, her breach of contract claim was dismissed as violating Virginia’s […]
Arbitration – Employer waived its right to compel arbitration of wage claims
Where a party had knowledge of its right to compel arbitration, and it then re-requested a hearing on a previously-filed motion to dismiss, participated in that hearing and sought a […]
Civil Procedure – Post-filing change in citizenship cannot cure defect in diversity
The EDVA court ruled that a post-filing change in citizenship cannot cure a lack of diversity jurisdiction in American Conservative Union v. American Conservative Union Foundation.
Civil Practice – Student claiming he was falsely accused may proceed using pseudonym
Where a student sued Virginia Tech and school officials, alleging that he was falsely accused of sexual assault, he may proceed using a pseudonym. Background John Doe sued Virginia Polytechnic […]
Contract – Inventor alleges that defendant breached NDA
Where an inventor alleged it shared its designs for a new product with the defendant under a promise of confidentiality and limits on use, and that the defendant then breached […]
Contract -Third-level subcontractor’s quasi-contractual claims against contractor fail
Where a third-level subcontractor sued the general contractor for unpaid invoices, under theories of quantum meruit or unjust enrichment, its claims were dismissed. There was no allegation the general contractor […]
Civil Procedure – New defendant added after limitations period
Where the plaintiff mistakenly dismissed a defendant from the lawsuit within the limitations period, and then sought to bring him back as a defendant after the limitations period expired, she […]
Employment – Employee’s claims dismissed as time-barred and implausible
Where the majority of a woman’s claims were filed beyond the applicable statutes of limitation and all of her claims failed as a matter of law, her suit was dismissed. […]
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
