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Objectors to putative class settlement get service awards
Where objections lodged by persons to a preliminary class settlement resulted in changes to the settlement agreement that materially increased the benefits to class members, the objectors were each awarded $7,500, along with their attorney’s fees. Background Plaintiffs filed a putative class action complaint against Genworth Life Insurance Company and Genworth Life Insurance Company of […[...]
Lawsuit doomed by statutory amendment
Where renters alleged that property management companies violated the North Carolina Residential Rental Agreements Act, or RRAA, by charging them out-of-pocket costs for summary ejectment proceedings, but the General Assembly then amended the statute to allow these charges, and made the change retroactive, the companies were granted judgment. Background Tiffany Bass and Paula Wiggins sued [&hellip[...]
Objections to insurance settlement overruled
Where the court preliminarily approved a settlement in a lawsuit alleging a long-term care insurance carrier committed fraud by failing to advise policyholders of its plan to raise premiums, objections to the composition of the class, contents of the notice, sufficiency of the damages and overall fairness were overruled. Background Five persons filed a class […]
Foreclosure company fails to dismiss FDCPA claim
Where a homeowner alleged a company that instituted foreclosure proceedings failed to provide proper notice under Virginia law, and thus lacked a “present right to possession” of her property, she plausibly alleged a violation of the Fair Debt Collection Practices Act, or FDCPA. Background Mary Hill’s allegations in this lawsuit arise out of the reverse […]
Res judicata doesn’t bar attorney’s fees claim
Where two debt collectors argued an attorney’s fees claim brought by a consumer was barred by res judicata, but they failed to show that the prior dismissal was a judgment on the merits, and the prior litigation did not involve the same conduct, occurrence or transaction, the res judicata arguments were rejected. Background In this […]
Section 230 won’t shield data broker from FCRA claims
Where a website that provides third parties with information about individuals was sued for violating the Fair Credit Reporting Act, or FCRA, the Communications Decency Act did not immunize it from liability. Two of the counts did not seek to impose liability on the website as a speaker or publisher of any information, while the […]
Fraudsters fail to reverse trial verdict
Where the record showed that several individuals made half a dozen material misrepresentations in connection with a telemarketing scam, and that consumers were misled as a result, the verdicts for violations of the Federal Trade Commission Act and the Telemarketing Sales Rule were affirmed. Background Andris Pukke and other appellants sought to develop thousands of […]
Class action remanded after Supreme Court decision
Where a district court certified a class of persons who alleged they were all affected by a lack of independent home appraisals, but the Supreme Court then held that each class member must have suffered concrete harm from the challenged conduct, the case was remanded to the district court for reconsideration in light of the […]
Medical records providers dodge excessive charges suit
Where two women alleged that two companies that retrieve medical records from health care providers and transmit them to requesting patients or patient representatives charged too much for their services, but the statute only limits the ability of physicians to charge fees, the suit was dismissed. Background Tammie Thompson and Debra Love were injured in […]
Suit alleging 754 violations of federal law dismissed
Where a man claimed that defendants engaged in 754 violations of federal law when they allegedly bullied him into purchasing a vehicle that was later repossessed, his complaint was dismissed. It failed to plead facts plausibly showing violations of the four federal statutes arguably implicated by the complaint. Background Tayvon Harvey’s amended complaint alleges that […]
FCRA claim fails due to lack of damages
Where the plaintiff alleged that a company inaccurately reported his driver’s license number and state of issuance, but he only alleged emotional distress or wasted time damages in conclusory fashion, and his only economic damages were $1 in postage, the suit was dismissed for lack of standing. Background Ruhi Reimer sued LexisNexis Risk Solutions Inc., […]
Court rejects attempted ‘assignment’ of FLSA claim
Where an individual alleged that two credit corporations allegedly violated the Fair Debt Collection Practices Act, or FDCPA, he could not assign those claims to another individual to prosecute. Under Virginia law, only those causes of action for damage to real or personal property and causes of action ex contractu are assignable. Background Malik Jones, […]
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
