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Virginia receives $116 million tobacco settlement payment
Virginia received $116.2 million from the Tobacco Master Settlement Agreement, the latest in $3.5 billion of payments in the landmark settlement agreement that was reached in 1998.
Consumer Protection: Alleged ‘Do Not Call Registry’ violation suit is dismissed
Where a man alleged the defendant violated the Telephone Consumer Protection Act by calling him three times, despite his number being registered with the National Do Not Call Registry, but he failed to plead facts plausibly showing direct or vicarious liability, his suit was dismissed.
Consumer Protection: Court strikes three improperly designated experts
Where a man alleged that movers damaged his personal property, but he failed to properly identify his restoration and furniture repair expert, his damages expert and his residential moving expert, the moving company’s motion to strike their disclosures was granted.
Judge: defect is issue for jury to decide in Lemon Law case
A dispute of material fact exists over whether a new truck’s transmission issue is a nonconformity under Virginia’s Lemon Law, the U.S. District Court for the Western District of Virginia has held in rejecting a motion for summary judgment.
Consumer Protection: Purchasers claim that 2024 vehicle is a ‘lemon’
Although the purchasers of a 2024 Nissan Titan argued their vehicle lurches forward and makes a clunking sound when slowing down and down-shifting, that dealership employees said they were “aware there’s something going on with vehicles jerking” and that other customers reported experiencing similar lurching and clunking issues when decelerating, the court held that there was a disputed issu[...]
Consumer Protection: Unfair debt collection claim is reinstated
Where a consumer alleged a debtor assessed and attempted to collect late fees of $23.67, although the underlying contract capped such fees at $15.00, he plausibly alleged a violation of the Fair Debt Collection Practices Act.
Consumer Protection: Alleged improper billing class action suit dismissed
Where a woman alleged that she was improperly billed following her visit to an emergency room, but her each of her claims under both federal and state law failed to state a claim, her suit was dismissed.
Consumer Protection: INOVA sued for sharing data with Google, Facebook
Where INOVA allegedly captured data from patients visiting its website that was shared with Google and Facebook, it was sued for violating the Electronic Communications Privacy Act.
Consumer Protection: Man sues ‘furnisher’ for not conducting reasonable investigation
Where a complaint plausibly alleged a company failed to conduct a reasonable investigation into a consumer’s claims, after receiving notice from a credit-reporting agency that the consumer disputed the accuracy of information reported by the furnisher, but did not plead facts plausibly showing the consumer was damaged, the complaint was dismissed.
Consumer Protection: Tenant sues credit reporting agency for inadequate investigation
Where a consumer alleges that a consumer reporting agency failed to reasonably investigate an indirect dispute under the Fair Credit Reporting Act, they must allege facts that, if true, show the credit report contained inaccurate or incomplete information, and that the inaccuracy or incompleteness is objectively and readily verifiable by the furnisher.
Consumer Protection: Virginia Union University sued following data breach
Where plaintiffs sued Virginia Union University following a data breach, their complaint largely survived the university’s motion to dismiss.
Consumer Protection: Significant delay in issuing settlement payment doesn’t warrant fees
Although there was a three-month delay in issuing the settlement payment to the plaintiffs in a Lemon Law suit, their motion for fees, costs and treble damages was denied. The delay was not unreasonable, given that the parties failed to include an express deadline in the settlement agreement.
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
