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No immunity for judge who personally oversaw search
Where a family court judge went to the house of a litigant and supervised the search for items he allegedly failed to turn over to his ex-wife, she was not entitled to judicial immunity in a subsequent suit brought by the husband. The search of the house and the seizure of property were nonjudicial acts […]
Pseudonymity denied to man suing alleged assault victim
Where a man sued a woman after she accused him of sexual assault, the district court did not err in denying his motion to proceed using the pseudonym “John Doe.” Background Appellant John Doe filed this civil action against appellee Jane Doe after she accused appellant of sexual assault. When appellant filed his complaint, he […]
Company defeats employee’s unequal pay claim
Where a female employee alleged that she was paid less because of her sex, but her only male comparator did not perform a similar job and she offered no other evidence suggesting the disparate pay was because of her sex, the company prevailed on the claim. Background Ashley Noonan claims that she suffered sex-based wage […]
High-school star sues over loss of NCAA eligibility
Where a former high-school basketball player filed suit under the Racketeer Influenced and Corrupt Organizations Act, or RICO, after he was cut from his college team because his father accepted a bribe, but he failed to demonstrate an injury to his business or property, as required for a private civil RICO claim, his suit was […]
Court rejects attempted manufacture of finality
Where the appellants voluntarily dismissed one claim without prejudice in order to appeal the bankruptcy court’s adverse judgment on a second claim, their attempt to manufacture finality was rejected. Background Adiel and Roee Kiviti paid Naveen Bhatt to renovate their Washington, D.C. home. But he wasn’t properly licensed. So the Kivitis sued him in D.C.’s […]
Police acted reasonably in entering man’s house
Where two police deputies entered a man’s house after receiving permission from a woman that they believed was the man’s wife, and there was some evidence corroborating her statements, they prevailed on the man’s federal and Virginia claims. Background Adam Armstrong alleges two sheriff deputies unlawfully entered his home. The deputies claim Armstrong’s then-wife, Kristy […]
‘Too stringent’: Court tosses precedent, joins other circuits on attorneys’ fees for injunction wins
Joining every other circuit to decide the issue, a divided 4th U.S. Circuit Court of Appeals has overruled its precedent that preliminary injunctions can’t convey “prevailing party” status to a plaintiff, which precluded awards of attorney’s fees.
ADA-retaliation plaintiffs not entitled to jury trial
Because plaintiffs asserting claims for retaliation under the Americans with Disabilities Act, or ADA, are only entitled to equitable remedies, the court joined every other circuit to consider the issue in holding that ADA-retaliation plaintiffs are not guaranteed a jury trial by the Seventh Amendment. Background While working an IT position at Enterprise Services LLC, […]
Ex-official’s FMLA interference claim fails
Where a former national intelligence official asserted a claim for interference under the FMLA based on her non-selection for a permanent position, but the record reflected several reasons for her non-selection independent of the FMLA interference, the agency prevailed on the claim. Background Hannah P., a former employee of the Office of the Director of […]
False Claims Act suit against Walgreen reinstated
Where the district court dismissed claims that Walgreen Co. misrepresented that certain patients met Virginia’s Medicaid-eligibility requirements for expensive Hepatitis C drugs on the basis that Virginia’s eligibility requirements violated the Medicaid Act, it erred. The complaint plausibly alleged that the misrepresentations did, in fact, influence the decisionmakers. Background The United S[...]
Virginia Tech student got due process in hearing
The 4th U.S. Circuit Court of Appeals upheld the dismissal of a suit against Virginia Tech and university officials filed by a student who received a “long suspension” from the university following a Title IX investigation.
Precedent on attorneys’ fees for injunction wins overruled
The en banc court overruled its prior precedent and joined every other circuit to decide the issue in holding that when a preliminary injunction provides the plaintiff concrete, irreversible relief on the merits of her claim and becomes moot before final judgment because no further court-ordered assistance proves necessary, the subsequent mootness of the case […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
