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Payroll Count May Show Title VII ‘Employer’
A daycare teacher who alleges she was demoted then terminated in violation of Title VII and the Americans with Disabilities Act has raised a genuine issue of material fact that defendant daycare center is a covered employer, says a magistrate judge for the Norfolk U.S. District Court. Plaintiff alleges she was demoted in 2009 and […]
Collection Agency Owes Fees After FDCPA Default
A debtor wins $9,385.50 in damages and attorney’s fees in a default judgment against a Georgia debt collection agency in her suit alleging the agency violated the Fair Debt Collection Practices Act when it threatened legal action it could not take and called her supervisor to suggest debtor was about to be arrested; a Newport […]
Law firm not disqualified, but referred to the VSB
A Norfolk law firm violated ethics rules when it simultaneously represented two clients who were in adverse legal positions, a U.S. magistrate judge in Norfolk has held. The judge said he found no prejudice in the current case and would not disqualify the firm. He did, however, refer the matter to the Virginia State Bar. […]
Law Firm Not Disqualified for Conflict
Although a law firm has violated ethics rules by simultaneously defending a union local in a “hybrid” Section 301 case while still representing the employee suing the union in a workers’ comp case, the Norfolk U.S. District Court Magistrate Judge finds no prejudice to plaintiff to justify disqualifying the law firm in the case; but […]
Subs Win Defaulted Miller Act Claims
Two subcontractors on a government project for improvements at the Oceana Naval Air Station in Virginia Beach have stated valid claims for unpaid bills under the Miller Act, and a magistrate judge for the Norfolk U.S. District Court awards default judgment and damages against the surety, which is in liquidation. These cases concern an underlying […]
SCRA Fee Award Not ‘Retroactive’
An enlisted Navy seaman who sued Pete’s Auto Service for the loss of his 2002 Jeep Grand Cherokee, which Pete’s towed and sold while plaintiff was deployed, wins his case under the Servicemembers Civil Relief Act, and the Newport News U.S. District Court reserves for jury trial the amount of damages plaintiff may recover, and […]
Seaman Wins SCRA Claim for Towed Jeep
An enlisted Navy seaman who sued Pete’s Auto Service for the loss of his 2002 Jeep Grand Cherokee, which Pete’s towed and sold while plaintiff was deployed, wins summary judgment from a Newport News U.S. District Court Magistrate Judge on his claim under the Servicemembers Civil Relief Act, but the court will try the claim […]
Home Built Too Late for Flood Coverage
A Poquoson homeowner does not have coverage for certain flood damage to his elevated home near Roberts Creek, within a FEMA-designated Special Flood Hazard Area, because public records submitted by defendant insurance carrier establish that plaintiff’s home was built after May 16, 1977, the date the initial Flood Insurance Rate Map, took effect; the Newport […]
Judge Takes Slip & Fall Case from Jury
A man who allegedly slipped on a smashed piece of fruit in defendant grocery store’s produce section, and suffered a knee injury that required reconstructive surgery, has his negligence suit heard by a jury but dismissed by a magistrate judge for the Newport News U.S. District Court under FRCP 50(b). None of the trial testimony […]
Carrier Has No Duty to Defend Harassment Suit
A Newport News U.S. District Court adopts a recommendation from a magistrate judge and holds that plaintiff insurance company has no duty to defend an architect who alleged sexually harassed a coworker who was an interior designer at the design firm, under a Business Policy issued to the design firm’s owner; the claims asserted against […]
Plaintiff Challenges Flood Insurance Payout
A pro se suit alleging defendant insurance company failed to fully pay plaintiff’s claim for flood insurance prompts a Newport News U.S. District Court to take a first-impression look at federal preemption of coverage issues under the National Flood Insurance Program, and the magistrate judge says plaintiff’s only surviving claim for breach of contract belongs […]
No Attorney’s Fees for ERISA Plaintiff
A magistrate judge for the Norfolk U.S. District Court denies attorney’s fees under the fee-shifting provision of the ERISA statute to a woman who won a lawsuit demanding reimbursement for over $20,000 in vacation and disability benefits the plaintiff fund said it overpaid to the woman; the woman showed bad faith in dissipating part of […]
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
