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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” […]
Adverse inference warranted for failure to preserve evidence
Where a defendant sued for his alleged role in the “Unite the Right” rally failed to preserve a laptop, two cell phones and three social media accounts, an adverse inference instruction at trial was warranted. Background This matter is before the court on plaintiffs’ renewed request for evidentiary sanctions against Matthew Heimbach. After plaintiffs first […]
Prejudice not shown from late amendment
Where the plaintiff’s motion to amend her personal injury complaint arising out of a Segway accident came after fact discovery concluded, it was granted because the defendants failed to show prejudice. The new allegations merely elaborated on the original ones, and the defendants were aware of them before the motion was filed. Background Plaintiff filed […]
Ex-employee allowed limited discovery
Where a former school employee alleged the then-superintendent defamed him by telling another person that his procurement violations were “deliberate and egregious,” he may take limited discovery from the school board about its investigation, his termination, the procurement of furniture and its policies. Background This civil action concerns Ira D. Socol’s termination from employment with [[...]
‘Deep state’ subpoenas are quashed
Where a defendant was sued for defamation after claiming the plaintiff was a “‘deep state shill’ who was part of the state department’s attempt to cover up its involvement in instigating the attack in Charlottesville, his subpoenas to law enforcement and state officials about a “deep state” were quashed because they were largely irrelevant, unduly […]
Amended complaint moots default
Where default was entered against a correctional official sued for allegedly sexually assaulting and psychologically torturing a detainee, but the detainee then filed an amended complaint, the default was vacated as moot. Background Plaintiffs Viviana Anselme and Alysha Honeycutt are inmates at Fluvanna Correctional Center for Women, or FCCW, in Fluvanna, Virginia. In February 2020, […]
Prior lawyer not ‘necessary’ party in malpractice suit
Where the plaintiff sued her attorney for negligently representing her in a divorce action, and the defendant claimed a prior attorney was responsible, the former attorney was not a necessary party who needed to be involuntarily joined, even if he was a joint tortfeasor. Background Roseanne Amari is suing her attorney and his law firm […]
Broad discovery of libel suits against InfoWars rejected
Where a plaintiff suing Alex Jones, InfoWars and two other parties for libel sought all documents regarding prior libel or defamation suits involving the defendants for the past 10 years, its motion to compel was denied because the request was disproportionate to the needs of the case. Background This matter is before the court on […]
New counsel must ensure compliance with discovery
Where the defendant produced only four documents in response to plaintiff’s requests for production, and the plaintiff identified documents that should have been produced but were not, the defendant’s new counsel must ensure his client’s compliance with the federal rules. Background This matter is before the court on plaintiff’s motion to compel discovery from defendant […]
Willful noncompliance brings adverse inference
Where a man sued for his alleged role in the “Unite the Right” rallies repeatedly failed to produce relevant information and documents going to the heart of the plaintiffs’ conspiracy claims, his conduct prejudiced the plaintiffs and he demonstrated that he would not obey orders even under threat of civil contempt, arrest and detention, an […]
Winner on injunction not a ‘prevailing party’
Although the plaintiffs obtained a preliminary injunction enjoining a Virginia statute that automatically suspended drivers’ licenses when persons failed to pay their court debt, and the statute was subsequently repealed by the General Assembly, their request as prevailing parties for attorneys’ fees and costs was denied. The Fourth Circuit has held that a preliminary injunction […]
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
