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Detainee claims officials retaliated against him
Where the parties disputed whether prison officials retaliated against a detainee after he filed grievances and lawsuits, the officials’ motion for summary judgment on these claims was denied. Background Gary Wall, a Virginia detainee proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983, alleging various violations of his constitutional rights. Twenty-four […]
Wife awarded shareholder distribution from business
Where the wife showed that she was a shareholder with her estranged husband in their podiatrist business, and that he made distributions to shareholders in September 2021 but that she failed to receive any distributions, she was entitled to 50.2% of the distributions. Background Renee Mason, a Doctor of Podiatry, has sued her estranged husband […]
Claims narrowed in detainee’s suit
Where a detainee alleged that officials at his prison were negligent by not providing him with accommodations for his mobility problems, such as a ladder to access his assigned top bunk, but security officials have discretion regarding inmates’ bunk assignments, the claim was barred by the discretionary function exception to the Federal Tort Claims Act’s […]
Southwest Virginia utility not entitled to immunity
Although the Virginia General Assembly created BVU Authority, or BVUA, to provide various utility services to residents in three localities in Virginia, and the Commonwealth exercises control by dictating who sits on its board and limits certain of the board’s powers, the BVUA isn’t entitled to Eleventh Amendment immunity as an arm of the state. […]
Ex-spouses dispute if wife is shareholder of business
Where a man sued by his estranged wife for allegedly breaching his fiduciary duties and converting property belonging to their joint business argued the wife lacked standing because she wasn’t a shareholder of the company, but it was disputed whether the wife paid for the stock, what the company’s books showed and how a jury […]
Bristol, VA, sued by Bristol, TN, over municipal landfill
Where the City of Bristol (Tennessee) alleged that the City of Bristol (Virginia)’s operation of a municipal landfill supported a claim for public nuisance, Bristol Virginia’s motion to dismiss was denied. Although the Virginia city argued the common-law claim had been abrogated by statute, the court disagreed. Background The City of Bristol, Tennessee has sued […]
Homeowner didn’t timely replace fire-damaged house
Where an insurance policy required a homeowner to replace his damaged property within two years from the date of the fire, but the homeowner waited more than two years before purchasing a replacement house and did not tell the carrier until another two years elapsed, he was not entitled to replacement cost benefits. Background Ray […]
Officers lacked probable cause to arrest man
Although a man being served with an emergency protective order refused to provide his driver’s license or other personal descriptors to the police, the police lacked probable cause to arrest him for obstruction of justice. While the officers could ask for this information, the man was under no obligation to provide it. Background Tony McKenna, […]
Prison officials didn’t retaliate against detainee
Where a detainee alleged that a prison official intercepted his mail in retaliation for a lawsuit he filed in federal court, but the record showed the mail was intercepted for a legitimate reason and there was no evidence it was intercepted for retaliatory reasons, the officials were granted summary judgment. Background In this prisoner civil […]
Treatment showed no deliberate indifference
Where a prison doctor provided treatment and made decisions, based on his professional judgment, about what treatment a detainee who complained about hip and knee pain required, the doctor did not act with deliberate indifference towards the detainee. Background Nathaniel Howard Moone, a Virginia detainee proceeding pro se, filed this civil rights action under 42 […]
Claims proceed after DUI arrest of man with medical emergency
A man who was arrested for driving while under the influence after suffering a seizure induced by a brain tumor may proceed with malicious prosecution and false imprisonment claims against a Virginia state trooper, according to a decision from the Western District of Virginia. Despite finding no evidence of alcohol or drug use, the trooper […]
FLSA collective action expands
Where the named plaintiffs presented evidence that the time rounding and pre-shift activity policies were employed nationwide, the conditionally certified class was expanded from a Virginia-based class to a nationwide class. Background The plaintiffs filed this collective and class action, alleging that the defendants violated the FLSA and Virginia wage and hour laws by not […]
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
