Where a skateboarder sued a law firm after being struck by a car driven by one of its attorneys, even if the attorney used his cellphone for work-related purposes at the time of the accident, the firm was not liable ...

Tagged with: Judge David J. Novak Negligence U.S. District Court - Eastern District

Where the trustee was unable to cite any Fourth Circuit authority showing the bankruptcy court erred in approving nondebtor releases, and there were persuasive out-of-circuit cases against the trustee’s positions, its motion for a stay pending appeal was denied because ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

A livestock owner who was previously convicted of violating Virginia’s animal cruelty statutes lacked standing to attack the statutes as unconstitutional because she did not allege that she intended to care for livestock in a manner prohibited by the laws. ...

Tagged with: Civil Practice Judge David J. Novak U.S. District Court - Eastern District

Where a former help desk employee alleged that his race, national origin and religion were the reasons for his termination, but the record showed that he was let go because the company did not have enough work to offer him, ...

Tagged with: Employment Discrimination Judge David J. Novak U.S. District Court - Eastern District

Where the trustee for LeClairRyan, a bankrupt law firm, brought claims against the firm’s former joint venture partner, and the partner asserted a right to money in the bankrupt estate, the adversary proceeding will remain in bankruptcy court because all ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

Where the parents of a 6-year-old killed in an automobile accident alleged the trucker that struck their vehicle continued to operate at full speed despite warnings of slowed traffic, they plausibly alleged a claim for gross negligence. Background Jamie McCann ...

Tagged with: Judge David J. Novak Negligence U.S. District Court - Eastern District

A trucker who failed to heed two overhead digital traffic signs indicating slowed or stopped traffic ahead on Interstate 95 can be sued for gross negligence, a federal judge in Richmond has ruled. A woman was rear-ended in a wreck ...

Tagged with: gross negligence Judge David J. Novak Motor Vehicle Accident Negligence U.S. District Court - Eastern District

Where a detainee at the Richmond city jail alleged that officials responded with tear gas after the incarcerated complained about how the facility was responding to COVID-19, his excessive force claim survived a motion to dismiss. Background Cameron Fobbs, who ...

Tagged with: Civil Rights Judge David J. Novak U.S. District Court - Eastern District

Where a DuPont facility continued using allegedly defective natural gas-fired burners after discovery of the defect, that foreclosed its breach of warranty claim because a provision in the parties’ contract provided that continued use of the allegedly defective product after ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Where the former psychiatric patient alleged his due process rights were violated when he was placed in restraints for two weeks, his claim was dismissed because he failed to show two defendants personally participated and failed to overcome the presumption ...

Tagged with: Civil Rights Judge David J. Novak U.S. District Court - Eastern District