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Experts excluded in condemnation damages suit
Where two of the landowners’ experts in a condemnation damages suit provided opinions that were unreliable, and a third expert failed to provide a required report, they were excluded from the trial. Background Mountain Valley Pipeline, or MVP, is constructing an interstate natural gas pipeline. MVP commenced a condemnation action under the Natural Gas Act […]
Judgment entered against company for horse’s death
Where an equine transport company was sued for its alleged negligence in the death of a show horse, and the horse’s owner alleged that the company made material misrepresentations about its “superior insurance coverage for equine transport,” the company was liable for its constructive fraud. Background A show horse named Elton, who was owned by […]
Woman claims hospital did not offer appropriate exam
Where a woman alleged that she went to a hospital emergency room with infected sores and a variety of symptoms, but that she did not receive the type of screening that the hospital would ordinarily conduct for patients with the same symptoms, she plausibly alleged a claim for violation of the Emergency Medical Treatment and […]
Arbitration clause enforced against contractor
Where a woman agreed to arbitrate “any and all disputes between the Parties” when she signed on to a mobile app owned and administered by Walmart that allows independent contractors to provide shopping and delivery services for retailers and consumers, the agreement to arbitrate applied to the claims the woman brought against Walmart arising out […]
Judge refuses to recuse herself
Where a woman argued the judge should recuse herself because of attenuated connections with the law firm representing the defendants, but this court’s impartiality would not be questioned by a reasonable, well-informed observer, the recusal motion was denied. Background Plaintiff Crystal VL Rivers argues that the undersigned should recuse in this matter because one of […]
Damages awarded in condemnation suit
Where a portion of land was condemned for an easement required for an interstate natural gas pipeline and the company’s expert calculated the amount of just compensation to be $10,354, the company was granted summary judgment. Background Mountain Valley Pipeline, or MVP, is constructing an interstate natural gas pipeline. MVP commenced a condemnation action under […]
Guarantor liable for $160K judgment
Where a trash collection company failed to make required payments under an equipment financing agreement, and its guarantor failed to respond to the lender’s lawsuit alleging breach of contract, judgment was entered for a total of $156,987.72, plus attorney’s fees. Background This is a breach-of-contract debt collection case. Regions Bank filed its complaint on April […]
Defendants can’t call witnesses, introduce docs
Where defendants proposed calling witnesses and introducing documents at an evidentiary hearing on damages that they never identified in their initial disclosures, and the failures were not substantially justified or harmless, the defendants were prohibited from calling the majority of their witnesses and using any of the documents at the hearing. Background This case is […]
Defendants must defend sealing request
Where the plaintiff filed certain documents under seal because the defendants marked them as confidential, the defendants were offered an opportunity to explain whether — and, if so, why — these documents should remain sealed. Background This matter is before the court on non-party David B. Briggman’s motion for limited purpose intervention to unseal portions […]
Prison officials dodge detainee’s suit
Where a detainee failed to name certain prison officials as defendants in his civil rights suit until after the expiration of the statute of limitations, and there was no showing that they knew, or should have known, that they would have been named in the original complaint but for a “mistake” concerning their identities, the […]
Detainee alleges prison violated his religious rights
Where a detainee, who is a practicing Orthodox Jew, alleged his religious rights were violated because his faith requires him to pray daily using tefillin, but it was not always made available to him, he plausibly alleged a “substantial burden” under the Religious Land Use and Institutionalized Persons Act, or RLUIPA. Background Bruce A. Estes, […]
Detainee plausibly states Eighth Amendment claim
Where a detainee alleged he was kept in four-point restraints for more than 34 hours, and in a cell that was saturated with mace and very cold, making it impossible for him to sleep and causing great discomfort, he plausibly stated an Eighth Amendment claim. Background Alucious Williams Jr., a Virginia detainee proceeding pro se, […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- 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
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
