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Alleged housing bias suit transferred
Where a homeowners’ association and property manager were sued for alleged housing discrimination, but the properties at issue, a majority of the parties and a majority of the witnesses were located in the Western District of Virginia, the suit was transferred to that court. Background According to the operative complaint, plaintiffs purchased three properties in […]
Class conditionally certified in kitchen worker OT suit
Where multiple persons submitted declarations showing that they worked as kitchen workers performing closely related tasks, and regularly worked more than 40 hours a week without overtime pay, their motion for conditional certification was granted. Background This case arises from a Fair Labor Standards Act, or FLSA, claim, in which plaintiffs, who are allegedly employees […]
Carriers dodge claims by disgruntled insured
Where a man alleged his automobile insurance carriers acted with ill-intent in refusing to settle an insurance claim for the full cost of the repairs to his vehicle, but his fraud, negligence and bad faith claims failed as a matter of law, the suit was dismissed. Background Edward M. Call, who was in a collision […]
Sharing husband’s social media posts exposes wife to tort liability
A woman’s assault, defamation and malicious prosecutions allegations against a Virginia attorney and his wife have survived dismissal.
Wife reposted husband’s allegedly defamatory posts
Where a wife reposted her husband’s allegedly defamatory Facebook posts about the plaintiff knowing that what she was posting was false or at least inherently improbable, her motion to dismiss the defamation claim was denied. Background Pamela K. Hartnett’s amended complaint asserts claims of assault and battery, defamation, negligence, gross negligence, willful and wanton negligence, [&hellip[...]
Ex-employee’s constitutional claims dismissed
Where a woman asserted federal claims against the Nottoway County Electoral Board following her termination from the General Registrar’s Office, but the Board and its members were entitled to Eleventh Amendment immunity, the woman’s constitutional claims were dismissed. Background Sharon Caldwell served 20 years in the General Registrar’s Office for Nottoway County. On Sept. 24, […]
Board entitled to Eleventh Amendment immunity
Where the former employee of the Nottoway County Electoral Board alleged violations of her rights under the United States Constitution, the board was entitled to Eleventh Amendment immunity because it was an arm of the state. Background Angela Stewart filed her second amended complaint on March 8, 2023. She alleges that the Nottoway County Electoral […]
Claim dismissed due to lack of interstate nexus
Where a company alleged that defendants unlawfully obtained, used and benefited from its trade secrets, and sued them under the federal Defend Trade Secrets Act, or DTSA, but its complaint failed to allege a nexus between interstate or foreign commerce and the alleged trade secrets, it was dismissed. Background Mid-Atlantic Field Services LLC has filed […]
Ex-attorney sanctioned for ‘inexcusable’ conduct
Where a former attorney acting pro se sent dozens of harassing email messages to defendants, their counsel and others, and acted to increase the costs and burdens of litigation, the defendants were awarded fees and costs. Background The allegations of this case stem from state-court custody and divorce proceedings occurring in the Fredericksburg Juvenile and […]
No duty to pay benefits on cancelled policy
Where a man affirmatively cancelled his life insurance policy before he died, the carrier prevailed on his heirs’ claim for benefits. Background Paige Reynolds, Caroline Reynolds and Alison Reynolds brought this lawsuit challenging USAA Life Insurance Company’s denial of John Paul Reynolds’ life insurance policy proceeds. USAA asserts that it was not required to pay […]
Assault with weapon is crime of violence
Where a defendant argued his guilty plea for using a destructive device in an attempted crime of violence was invalid because none of the underlying predicate offenses qualified as a “crime of violence,” but one of the underlying offenses was for assault on a federal officer with a dangerous weapon in violation of 18 U.S.C. […]
Officers prevail in suit over fatal shooting
Where officers fatally shot a man after he led them on a high-speed chase, refused to follow their commands and reached for a handgun, the officers were entitled to qualified immunity. The officers’ actions were objectively reasonable and did not violate a clearly established constitutional right. Background This case arises from the tragic death of […]
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
