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Defendant sanctioned for failure to appear at depo
Where man failed to appear for his court-ordered deposition, certain factual allegations were deemed established for purposes of this action as a sanction. Background Bogdan Bindea has filed a motion for sanctions against John Uhr under Rule 37(d) of the Federal Rules of Civil Procedure. Bindea asks the court to treat certain factual allegations against […]
Economic loss rule bars tort claims against broker
Where a party asserted negligence and breach of fiduciary duty claims against its insurance broker for allegedly failing to procure the proper type of insurance, Virginia’s economic loss rule barred the claims. Background This case initially involved a dispute over whether a marine insurance policy issued by Atlantic Specialty Insurance Company, or ASIC to Bogdan […]
Carrier has no duty to cover boat loss
Where an application for admiralty insurance sought coverage for work in and around South Florida and the carrier insured that work based upon the representations in the insurance applications, it had no duty to cover a boat loss that occurred in Haitian waters. Background This declaratory judgment action is before the court on the motion […]
Court resolves discovery dispute in real estate suit
Although a company sued for allegedly breaching an agreement sell a 26-acre parcel of land raised numerous objections to discovery requests propounded by the plaintiffs, including that they were overbroad, irrelevant, vague and unclear, the court largely required it to respond to the requests. Background The Reserve at Winchester I LLC and Robert Cathcart allege […]
Subpoenas to non-parties OK in real estate dispute
Where a company sued for allegedly breaching an agreement sell a 26-acre parcel of land moved to quash subpoenas sent to non-parties, its motion was largely denied. The subpoenas were sent for a good reason, were non-cumulative and sought relevant information. Background The Reserve at Winchester I LLC and Robert Cathcart allege that R 150 […]
Workers’ comp insurer dodges fraud claim
Where a man alleged that a workers’ compensation carrier defrauded Maryland courts by submitting and resubmitting medical records from another person with the same name as evidence in proceedings related to his workers’ claims for permanent disability benefits, but he did not allege the false statement was knowingly made to him, he never relied on […]
Government may proceed in consumer protection suit
Where defendants sued for violating federal and state laws while administering “immigration bonds” for indigent consumers facing deportation moved to quash subpoenas sent to non-parties, their motion was denied. The subpoenas properly sought information to “fully understand” the defendants’ financial condition and relevant business relationships. Background The Consumer Financial Protect[...]
Town must produce attorney’s report
Where the Town of Front Royal retained an attorney to conduct an investigation into a town clerk’s discrimination complaints, it must produce communications regarding the investigation, the attorney’s conclusions and her advice about any remedial measures to address the alleged harassment because it put her communications “at issue.” Background This is a discrimination, retaliation and [&h[...]
Privilege waived: Town ordered to produce attorney’s report in harassment investigation
The Town of Front Royal has been directed by a magistrate judge to disclose its communications with its retained attorney on an investigation into harassment claims made by a former town clerk after the former clerk’s motion to compel was granted in part. Additional communications from the attorney regarding advice on the clerk’s termination was […]
Denial of SSI benefits supported by record
Where an administrative law judge, or ALJ, found that a woman had “no limitation with or diagnosis from a provider for right arm problems or impairments,” and the applicant did not challenge this finding, there was substantial evidence supporting the ALJ’s conclusion that the applicant could meet the lifting/carrying demands of “medium” work when using […]
ALJ erred by relying solely on medical evidence
Where Social Security regulations provide that an administrative law judge, or ALJ, may not disregard a person’s statements about the intensity, persistence and limiting effects of symptoms solely because they are not substantiated by medical evidence, the ALJ erred by discounting a woman’s claims and looking only to the medical record. Background In February 2017, […]
Libel defendant sanctioned for failing to preserve documents
Where a defendant sued for making allegedly defamatory statements about the plaintiff — a counter-protestor who posted video of the “Unite the Right” rallies in Charlottesville — failed to preserve potentially relevant documents, the plaintiff was entitled to an adverse jury instruction. Background This is a defamation case arising out of the “Unite the Right” […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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