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Attorney’s fees awarded in statue removal case
Where the court has previously ruled that the Charlottesville City Council took actions contrary to Code § 15.2-1812, which prohibits local authorities from disturbing or interfering with war memorials, plaintiffs are the prevailing parties and are entitled to attorney’s fees and the costs of litigation. However, plaintiffs will be awarded a lesser amount than requested […]
City council members immune in monument case
Charlottesville city council members are statutorily immune from plaintiffs’ claims arising from a series of votes relating to the removal, sale and covering up of statutes of two Civil War generals in city parks. The defendant council members’ actions did not involve unauthorized appropriations and were not grossly negligent. These are the only exceptions to […]
Lee and Jackson statues are monuments and memorials
Statues erected in the city of Charlottesville of Civil War General Robert E. Lee and Lt. General Thomas Jonathon Jackson are “monuments or memorials,” as mentioned in Code § 15.2-1812, says a 16th Judicial Circuit Court judge. Plaintiffs moved for partial summary judgment on the issue of whether the statues of the two generals “are […]
Heart procedures left woman with decreased function – $1.1 Million Settlement
At the time of the events in question in 2013, plaintiff was 52 and had been totally and permanently disabled for approximately a decade from multiple health conditions including a cardiac condition. After multiple cardiac catherizations and stenting, plaintiff presented to her treating cardiologist in December 2013 with recurrent complaints approximately two months after her […]
Man’s foot run over at construction site – $500,000 Settlement
Plaintiff was injured when his foot and ankle were run over by a heavy vehicle on a construction site. He suffered no broken bones and required no surgeries, but developed Complex Regional Pain Syndrome in his foot and heel. As a result of the CRPS, he developed an altered gait that eventually began causing lower […]
Commission Fight Goes to Trial
A Charlottesville Circuit Court identifies multiple outstanding issues of material fact in this dispute over whether, under an oral contract, plaintiff continued to be entitled to commissions after a change in his job with defendant; the court denies defendant’s motion for summary judgment in the case. While it is true there is no dispute about […]
UVa Fraternity Defamation Claims Advance
A Charlottesville Circuit Court refuses to dismiss a defamation suit filed by Phi Kappa Psi fraternity based on statements made in defendant Rolling Stone magazine about a purported gang rape at the fraternity’s house on the UVa campus; the court finds the article, as pleaded, can be reasonably viewed as “of and concerning” plaintiff, as […]
Man with prior neck injury hurt during ‘minimal’ rearender – $450,000 Verdict
Plaintiff Hicks had cervical (C6-7) fusion surgery in 1975 after a horrific auto accident where he broke his neck. However, he has had few (if any) problems with his neck in the 40 years since. In December 2012, a Mack Truck rear-ended his 2000 Toyota Camry after both had been stopped at a stop light. […]
Executor Must Repay Legal Fees to Estate
A Charlottesville Circuit Court orders decedent’s long-time attorney who is also his executor to reimburse the estate by $10,320 to cover old legal fees the attorney billed to decedent and separate attorney’s fees paid for legal advice the executor sought regarding an unsecured loan made from the estate and the old legal bills. The issues […]
Lawyer must pay estate for his own legal fees
A lawyer who hired another lawyer when questions were raised about his handling of a decedent’s estate will have to cover some of the legal fees from his own pocket. A Charlottesville circuit judge this month disallowed payment from the estate of portions of the executor’s legal bills. Judge Richard E. Moore explained his reasoning […]
Discipline Warning Upheld for Healthcare Worker
A respiratory therapist who received a Step 3 warning for failure to update spreadsheets related to smoking cessation cannot overturn a hearing officer decision upholding the disciplinary notice, a Charlottesville Circuit Court holds. The question in this case is whether this court should reverse the hearing officer’s decision in appellant’s grievance against the University of […]
Fired Systems Engineer’s Grievance Fails
A systems engineer terminated by UVa Medical Center for multiple instances of failing to meet performance expectations and for insubordination cannot overturn his termination by challenging a hearing officer’s factual findings during his grievance procedure, which the Charlottesville Circuit Court is not authorized to review. The hospital alleged the employee failed to complete a server [&hellip[...]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
Polls
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