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Home Depot dismisses race discrimination suit
Where a man alleged that Home Depot refused to honor an alleged promise to discount his moving truck fee because of his race, but he failed to plead any facts supporting this allegation, his suit was dismissed. Background Hazem Garada’s amended complaint alleges that Home Depot USA Inc. infringed plaintiff’s consumer and civil rights in […]
Counsel awarded third of requested attorneys’ fees
Where counsel for two objectors to a putative class action settlement sought to recover $237,500 in attorney’s fees, but they obtained only a modest result, their conduct delayed relief to the class and they impermissibly block billed for their time, they were awarded $80,000 in fees. Background Plaintiffs filed a putative class action complaint against […]
Treadmill class action suit keeps running
A class action lawsuit alleging that a treadmill manufacturer violated warranties and fraudulently misrepresented its horsepower capabilities outran dismissal in the Western District of Virginia. After allowing the plaintiff to sidestep a jurisdictional roadblock, Judge Elizabeth K. Dillon refused to dismiss all but one of the claims and granted leave to amend the express warranty […]
Objections to long-term care settlement dropped
Where plaintiffs reached a settlement over claims that long-term care, or LTC, insurers failed to disclose material information to policyholders, a husband and wife then objected to that settlement and the defendants agreed to increased compensation to policyholders in exchange for the couple dropping their objections and receiving incentive payments and attorneys’ fees, the settlement […[...]
Vehicle purchaser’s rescission suit dismissed
Where the purchaser of a vehicle argued she was entitled to void the transaction and keep the vehicle because the defendant failed to make certain required disclosures, her suit was dismissed. She relied on statutory provisions that apply only to a security interest in a principal dwelling. Background In June 2022, Janay Jones bought a […]
Significant fees awarded to attorneys in class action
Attorneys who successfully represented a class of persons who alleged that carriers failed to disclose material information to policyholders of long-term care, or LTC, policies, to their detriment, were awarded up to $13 million in fees. Background Plaintiffs filed a putative class action complaint against Genworth Life Insurance Company and Genworth Life Insurance Company of […]
Treadmill manufacturers sued for alleged false statements
Where the purchaser of a treadmill alleged that manufacturers made false representations about the treadmills’ horsepower, her Virginia warranty and fraud claims survived their motions to dismiss. Background This is a putative class action brought by Wendy Prince, on behalf of herself and similarly situated purchasers of Horizon Fitness treadmills. The amended class action complaint […]
Untimely RFA responses allowed in Lemon Law suit
Where an automotive manufacturer who was sued for allegedly violating the Lemon Law failed to timely respond to requests for admissions, or RFAs, and only discovered the error when the vehicle owner moved for summary judgment, the court allowed the untimely responses because it favored resolution on the merits and there was no prejudice to […]
Late expert disclosure OK’d in Lemon Law suit
Where the owner of a truck who is suing the manufacturer for violating Virginia’s Lemon Law and the federal Magnuson-Moss Warranty Act failed to identify his expert within the deadline set by the court, but there was sufficient time to examine the expert without disrupting the trial and the testimony was important to the case, […]
Class action waiver held unenforceable
Where a waiver limiting the ability of borrowers to bring a class action suit did not allow them to vindicate their federal rights, it was unenforceable. Background This class-action proceeding relates to a lending scheme allegedly designed to circumvent state usury laws. Matt Martorello appeals from three district court rulings that (1) reconsidered prior factual […]
Long-term care insurance settlement objections rejected
Where three persons argued that it was unfair to send rate increase letters to class members during the same time period as settlement negotiations and preliminary approval of a putative class-action suit over long-term care policies was occurring, their objections were overruled. Background Plaintiffs filed a putative class action complaint against Genworth Life Insurance Company […]
Defective car repair suit remanded to circuit court
Where a manufacturer sued for allegedly failing to repair a gear shift defect in a vehicle removed the suit to federal court because it sought relief under the Magnusson-Moss Warranty Act, a federal statute, but that statute limits federal court’s jurisdiction to claims in excess of $50,000, and the warranty claims here were below that […]
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
