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Administrative: Organizations lack standing to challenge final agency rule
Where parties challenging a final rule promulgated by the United States Forest Service failed to tie the contested categorical exclusions to any site-specific application that would affect their interests, their suit was dismissed for lack of standing.
Civil Rights: Incapacitated man sues over treatment by law enforcement officers
Where the plaintiff alleged that he was denied treatment for more than 30 hours, after he suffered a stroke that law enforcement officers concluded was intoxication, most of his claims survived the motion to dismiss.
Employment: Conditional certification granted in off-the-clock suit
Where the plaintiff alleged that all putative opt-in members worked for the defendants as coal miners, were subject to the same Mine Safety and Health Administration requirements and company policies and were required to perform pre- and post-shift work because of those policies without receiving proper compensation, his motion for conditional certification was granted.
Tort: Suit over alleged forced abortion is dismissed
Where plaintiffs alleged a 14-year old was forced to undergo a medicated abortion while she was in the custody of Dickenson County, Virginia, Department of Social Services, but each of the claims failed as a matter of law, the suit was dismissed.
Bankruptcy: Unclaimed funds not subject to escheat by South Carolina
Where a bankruptcy trustee was left with $422,857.12 in unclaimed funds, and a 1956 amendment to the Bankruptcy Act of 1898 prohibits escheatment of the unclaimed funds to states, South Carolina is not entitled to the funds through escheatment.
Employment: Parties dispute whether rounding policy resulted in loss of compensable time
Where there were disputed issues of material fact over whether a substantial portion of the time lost under a company’s rounding policy is actually compensable time, the employees’ motion for summary judgment was denied.
Negligence: Gross negligence claim against sheriff survives dismissal
Where the plaintiff alleged the sheriff of Washington County was grossly negligent when he hired a deputy who later killed two people and kidnapped a young girl, this claim survived the sheriff’s motion to dismiss.
Habeas Corpus: Court can’t consider claims that were not raised in state court
Where the inmate did not make a showing of actual innocence, the court could not consider claims that he failed to raise at the time and in the manner required under state law. The court, however, appointed separate and independent counsel to investigate the effectiveness of his state habeas counsel and whether they provided ineffective assistance.
Employment: Company prevails on race discrimination claims
Where a company offered legitimate, non-discriminatory reasons why an employee was restricted from eating in a work trailer and about where he was directed to park, and the employee failed to show those reasons were pretext for race discrimination, the company prevailed on his discrimination claims.
Evidence: Medical providers may testify in suit against police officers
Where local police officers violated the plaintiff’s constitutional rights by entering his apartment, seizing him and arresting him without a warrant or probable cause, their motion to exclude his medical provider experts was largely denied. The plaintiff’s experts’ disclosures were adequate and their testimony was admissible.
Employment: Corporate parent dodges suit by subsidiary’s employees
Although the plaintiffs previously obtained a judgment against their employer for failing to give proper notice of the plant’s closing and for failure to validly eliminate a severance plan, their suit seeking to have the judgment imposed against the parent company was dismissed. Because the parent was never found liable for the violations, this court does not have subject-matter jurisdiction ove[...]
Court allows FCA retaliation claim to move forward
A federal judge has ruled that a former employee can sue the Danville Redevelopment & Housing Authority for retaliation under the federal False Claims Act.
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
