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Tort – Kennedy Center director’s libel suit is dismissed
Richard Grenell’s defamation suit against Olivia Troye dismissed for lack of defamatory meaning and failure to plead damages in EDVA at Alexandria.
Court erred in damages calculation, award of attorney’s fees
The Court of Appeals of Virginia reversed a fraud damages award and vacated attorney’s fees, citing lack of equitable relief.
Damages: Almost $420,000 in attorneys’ fees and costs awarded in FLSA suit
Where the district court issued a comprehensive written opinion setting forth detailed findings regarding the hours and rates at issue, and applied the correct legal standard, its decision awarding the plaintiffs’ a total of $380,000 in attorneys’ fees and $39,632 in costs was affirmed.
Damages: FLSA does not prohibit prevailing defendants from seeking costs
Although the plaintiffs argued that defendant employers are prohibited from recovering any costs in Fair Labor Standards Act suit, this argument was rejected. Because the statute is silent as to a prevailing defendant’s cost award, it does not preclude such an award.
Damages: Compensatory damages award moots claim for nominal damages
Where a plaintiff obtained compensatory damages as redress for his injury, he lost the ability to recover nominal damages for that same injury.
Damages: Prevailing defendant denied fees in discrimination and trade secrets suit
Although the employer prevailed on the employee’s discrimination, retaliation and trade secret claims, its motion for fees and costs was denied. The employment-related claims were not frivolous, unreasonable or without foundation, and the trade secret claims were not advanced in bad faith.
Damages: $8 million jury award reduced to $1
Where a jury award a man $8 million, after finding he was prevented from obtaining life insurance at reasonable rates because of an underwriter’s negligence, but he failed to provide the jury with the information required to calculate the damages he suffered with reasonable certainty, his award was reduced to nominal damages of $1.
Negligence: $7 million awarded for damages from vehicle accident
Where the driver challenged the $7 million judgment on multiple grounds, but each of her arguments was rejected, the verdict was affirmed.
Damages: Prevailing employer awarded attorneys’ fees in ERISA suit
Where the company prevailed on the employee’s ERISA claims, it was awarded over $76,000 in attorneys’ fees.
Damages: Court reduces prevailing franchisor’s request for attorneys’ fees
Where a franchisor was granted a default judgment on its claims against a former franchisee, its request for fees was significantly reduced. Both the hourly rate and claimed hours were reduced because of inadequate and vague time entries.
Damages: Father awarded fees and costs after prevailing on Hague Convention petition
Where a father prevailed on his petition under the Hague Convention, seeking return of his son to South Korea, he was awarded $73,215.00 in attorney’s fees and $12,618.83 in costs. These fees and costs were “necessary” and the respondent failed to show that their award would be “clearly inappropriate.”
Damages: $422,500 jury award reduced to $24,000
Where the plaintiff essentially claimed its fraud damages totaled $24,000, the circuit court did not err when it applied remittitur to the $422,500 jury award.
Verdicts & Settlements
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
Opinion Digests
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
- Search & Seizure – Warrantless search of hotel room safe upheld
