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Man’s telemarketing claims dismissed
Where a man suing over an alleged unwanted telephone solicitation call failed to plead facts making it plausible that the defendant made the call, his lawsuit was dismissed. Background This action stems from John Bryant’s purported receipt of a single unwanted telephone call soliciting insurance policies that purportedly violated federal and state telemarketing laws. AccuQuote […]
Military families allege ‘reprehensibly poor’ housing
Where military families sued the landlord and property managers allegedly responsible for housing at Fort Belvoir, alleging reprehensibly poor housing conditions, including water intrusion, mold growth and pest infestations, and that the defendants have engaged in a systematic practice of misrepresenting that repairs had been performed, they plausibly alleged a claim under the Virginia Consumer [&[...]
Defendants failed to dismiss alleged ‘rent-a-tribe’ suit
Where multiple defendants sued for their alleged role in a “rent-a-tribe” scheme to avoid usury laws moved to dismiss the complaint on jurisdiction, statute of limitations and plausibility grounds, their motions were denied. Background This suit arises out of defendants’ participation in an allegedly unlawful short-term, payday lending operation, elements of which were the subject […]
Individual denied summary judgment on usury claims
Where an individual sued for his alleged role in a scheme to circumvent state usury laws argued he was entitled to judgment on the usury claims because he did not personally take or receive the loan payments, and there was no allegation sufficient to pierce the corporate veil, his argument was rejected. The statute permits […]
Data breach suit dismissed for standing, causation
Where persons suing over a data breach largely lacked standing because they had not suffered any injuries, and the one person who had standing failed to connect his alleged injury to the data breach, the suit was dismissed. Background This matter comes before the court on a motion to dismiss filed by Elephant Insurance Company, […]
Putative class action against Amazon transferred
Where a woman suing Amazon for allegedly deceptive trade practices consented to the exclusive jurisdiction and venue for all claims in Washington state when she signed up for her account, and the public factors favored transfer, the suit was transferred to that federal district court. Background This is a putative class action alleging that defendants’ […]
Landlords’ law firm is ‘debt collector’
A law firm that sent delinquency notices to tenants for multiple landlords was engaged in debt collection regulated by the Fair Debt Collection Practices Act, or FDCPA, the Western District of Virginia has ruled. The law firm claimed its clients were the only “debt collectors” regulated by the FDCPA because each landlord reviewed and electronically […]
Lender dodges Military Lending Act lawsuit
Where a proposed class action was filed against a lender for allegedly violating the Military Lending Act, but the majority of the challenged transactions were time-barred, and the remaining challenged transactions failed to state a claim, the suit was dismissed. Background Plaintiffs brought this proposed class action against Omni Financial of Nevada Inc. for violations […]
Debt collector was not registered with SCC
Where a company filed suit to collect a debt allegedly owed by a consumer, but it was not registered with the Virginia State Corporation Commission, or SCC, at the time, the consumer sued the company for violating the Fair Debt Collection Practices Act, or FDCPA. Background According to the complaint, Jacqueline Goodall allegedly incurred a […]
Law firm for landlords is ‘debt collector’ under FDCPA
Where a law firm drafted, processed and sent delinquent rent notices, that was “debt collection” activity that subjected it to the requirements of the Fair Debt Collection Practices Act. Background This matter is before the court on plaintiffs’ motion for partial summary judgment and Senex Law PC’s motion for summary judgment. At issue is whether […]
Court lacks jurisdiction over suit against insurer
Where a doctor alleged an insurance company failed to fairly compensate him for his services, and the insurance company removed the suit to federal court and argued the claim was preempted by the Employee Retirement Income Security Act of 1974, the suit was remanded. The doctor lacked standing to assert claims under ERISA. Background On […]
Woman gets judgment against dealer, repair shop
Where the purchaser of a motor vehicle showed that the seller and an affiliated repair shop failed to make disclosures required by the Truth in Lending Act and violated the Virginia Consumer Protection Act and Virginia usury law, she was awarded actual damages, statutory damages and attorney’s fees. Background This matter comes before the court […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
