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Reference to statute insufficient for jurisdiction
Although a former tenant asserting a wrongful eviction claim repeatedly referenced the landlord’s participation in the Low Income Housing Tax Credit, or LIHTC, program, his state-law claims did not turn on any embedded federal question, the complaint did not appear to contest the federal law’s requirements, any nexus to federal law was insubstantial and interests […]
Publisher must respond to discovery about profits
Where a counter protester at the “Unite the Right” rallies in Charlottesville, on Aug. 11 and 12, 2017, alleged the defendants defamed him on the internet, he was entitled to discovery into defendants’ profit motives for publishing statements that specifically concern the protester because such information could show actual malice.. Background This is a defamation […]
Facts and documents admitted as sanction for discovery abuse
Where a defendant who was sued for injuries during the “Unite the Right” rallies ignored discovery requests and court orders over 18 months, and attorneys’ fees had already been awarded as a sanction, additional sanctions were warranted, including that certain contested facts were deemed admitted, documents were presumed authentic and an adverse-inference instruction would be […]
Dueling personal injury suits consolidated
Where two lawsuits arose out of the same motor vehicle accident, have common parties and allege the same conduct against one another, consolidation avoided the risk of inconsistent adjudication; reduced burdens on the parties, witnesses and judicial resources; reduced the length of time required to resolve both actions, the relative expense and the possibility of […]
Amended complaint allowed despite seven-month delay
Although seven months elapsed before the plaintiff moved to amend its complaint to attempt to pierce the corporate veil, it was reasonable to use discovery to identify a factual basis for the claim. The amended complaint was allowed. Background Jared McLaughlin initially filed this action in the circuit court, alleging eight counts against Landmore Inc.; […]
Bank loses bid for remand of detainer action
Where the homeowner timely removed a lawsuit seeking to take possession of real property she formerly owned, there was complete diversity between the parties and the property was valued at more than $75,000, the bank’s motion to remand was denied. Background This is a dispute over a house in Basye. Plaintiff, U.S. Bank Trust National […]
Unite the Right defendant must provide access to social media accounts
After the Rule 30(b)(6) representative for the National Socialist Movement, or NSM, refused to comply with the plaintiffs’ counsel regarding discovery, he was ordered to produce social media accounts and passwords, as well as electronic devices that may contain potentially responsive documents. Background This matter is before the court on plaintiffs’ second motion to compel […]
Unite the Right defendant must respond to discovery requests
The defendant, who is serving a life sentence for the murder of Heather Heyer at the Charlottesville rally in 2017, was ordered to supplement his “deficient,” “evasive or incomplete” discovery responses and to provide login information for his social media accounts. Background Plaintiffs contend that defendant James Fields has refused to obey multiple court orders […]
Lawyers for Unite the Right defendant must answer subpoenas
Two attorneys who represented a defendant in state-court criminal proceedings related to a Unite the Right rally failed to quash subpoenas served on them by plaintiffs. The subpoenas did not seek privileged documents, did not require conduct in violation of the Virginia Rules of Professional Conduct and were not contrary to court orders. Background Denise […]
Though repugnant, comments not threat of violence
Where the defendant’s online comment about the plaintiff’s counsel – that he and unidentified others are “going to have a lot of f—ing fun with her” after she “loses this fraudulent lawsuit” – were repugnant, they did not cross the line between protected speech and a true threat of physical violence. The plaintiff’s motion to […]
Access to court documents trumps improper motive
A non-party’s alleged improper motive in seeking to unseal more than 1,300 pages attached to a motion for summary judgment was insufficient to continue the sealing. The documents were unsealed with personal identifying and financial information redacted. Background On March 12, 2020, plaintiff RLI Insurance Company filed its motion for summary judgment, undisputed statement of […]
CEO’s lack of special knowledge exempts him from deposition
Where the CEO of an insurance company had no unique or special knowledge of the issues in a case involving the issuance of immigration bonds, and other witnesses likely had relevant knowledge that was not explored during discovery, the CEO did not have to appear for a deposition. Background This matter is before the court […]
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
