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$2.75M verdict stands despite jury’s media exposure
Even though jurors heard about earlier legal problems for a Lebanon doctor defending a medical malpractice case, the jury’s $2.75 million verdict will be allowed to stand, a federal judge in Abingdon has ruled. The trial against Dr. Dwight L. Bailey over the death of an emergency room patient was punctuated by references to Bailey’s […]
Fraudulent joinder argument fails…twice
Retail stores in two separate cases in federal court, one in Richmond and the other in Norfolk, have failed in their efforts to keep personal injury claims against them in federal court. It’s textbook civil procedure that to sue in federal court, there must be a federal statute at issue, or the parties must be […]
Shopper struck by falling Christmas tree boxes at Big Lots – Defendant’s motion for summary judgment granted
Plaintiff claimed boxed artificial Christmas trees were improperly stacked, fell from a shelf and struck her in the head at the Big Lots store in Fredericksburg on Dec. 8, 2012. Plaintiff, who was 25 years old and five months pregnant at the time, was shopping with her 5-year-old son when one or two 22-pound boxes […]
Employee gets double damages in medical leave case
A former employee who claimed she was fired after requesting medical leave for psychological distress has won double damages under the federal Family and Medical Leave Act. U.S. District Judge Glen E. Conrad also awarded attorney’s fees and costs of nearly $210,000 in the aftermath of a July 7 award by a Roanoke federal jury. […]
4th Circuit warns police about Taser use
The 4th U.S. Circuit Court of Appeals has put police officers on notice when it comes to using Taser stun guns as a compliance tool on a resisting subject. Unless officers can demonstrate that the subject poses an “immediate danger,” the court determined using a Taser on a non-compliant individual would run afoul of the […]
Business partner transferred funds to trading account – $2,644,500 Verdict
Plaintiffs, both Afghani nationals who lived in Kabul, along with the defendant, who lived in Fairfax County, formed Rosta Construction Company. Rosta bid on and won a subcontract to build out seven buildings and the surrounding area at the Kabul International Airport. Construction commenced in April 2011 and lasted approximately one year. During this time, […]
Ex-partner sues LeClairRyan for gender discrimination
A federal lawsuit paints an unflattering picture of male-dominated leadership at the Richmond-based LeClairRyan law firm, but the firm contends the criticism is misplaced. Former LeClairRyan partner Michele Burke Craddock claims in her lawsuit that she was a victim of pervasive gender discrimination before she left the firm last year. She says the workplace hostility […]
Not probable cause, but gun evidence comes in
A pair of police officers might have lacked reasonable suspicion to stop behind a parked pickup and activate the lights on their cruiser. But the gun that the driver tossed during the encounter was abandoned and could come into evidence, according to a split decision from the 4th U.S. Circuit Court of Appeals. If the […]
Unenforceable clause saves contract case
The seller of a cell phone business could not enforce a default clause that called for the buyer to return the property in the event of a default. But that clause saved the sellers’ suit to collect on the contract when an Alexandria federal court ruled the default provision was not valid. Because the default […]
4th Circuit: Dismissal without prejudice not final and appealable
RALEIGH, NC — The 4th U.S. Circuit Court of Appeals has said it is time to turn common practice into precedence for cases in which district courts have dismissed claims for failure to plead sufficient facts. On Dec. 9, a unanimous panel said cases can be appealed only if the order fails to clearly indicate […]
Ex-swimmer for U.Va. can sue for ‘hazing’
A collegiate swimmer at the University of Virginia may sue former teammates for their purported hazing at an off-campus “Swim House,” a Charlottesville federal judge has ruled. The complaint filed by Anthony Marcantonio alleged threats, verbal abuse, intimidation and unwanted touching. He claimed the defendant swimmers’ subsequent efforts at cover-up and retaliation prompted him to […[...]
Warrant fib prompts drug suppression
A lie about the existence of a search warrant allowed a group of police officers to comb through an apartment and find crack cocaine and digital scales, leading to the conviction of one of the occupants after a federal judge refused to suppress the drug evidence. Had the ruling been affirmed on appeal, “it would […]
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
