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Multimillion dollar death verdict cannot be overturned
Although Overhead Door, in a case involving one of its workers injured on the job, challenged a wrongful death verdict, including attacks on jury instructions, evidentiary challenges and comments by the trial judge, it failed to demonstrate the company was entitled to a new trial or judgment as a matter of law. Background Evangelos Sardis […]
Bias claims against state agency are time-barred
Where the relevant conduct in an employee’s bias complaint occurred more than 300 days before the operative charge of discrimination was filed with the Equal Employment Opportunity Commission, or EEOC, her discrimination, retaliation and hostile work environment claims were time-barred. Because § 1981 does not apply to state actors, like the Virginia Department of Agriculture […]
Voluntary resignation ends Title VII and ADEA claims
Where a psychiatrist elected to resign from the Bureau of Prisons rather than retake a test she claimed was discriminatory, she could not establish she suffered an adverse employment action because she was not constructively discharged. Background In 2014, Dr. Jane D. DiCocco, a 67-year-old female, accepted a job as a psychiatrist for the United […]
Loss caused by email scam not covered
A business that transferred thousands of dollars – based on a fraudulent email it believed was coming from the company’s president – failed to demonstrate its loss was covered by insurance. Instead, the loss was barred by the voluntary parting exclusion and not covered by the forgery or alteration endorsement. Background In October, 2018, JoAnne […]
No jurisdiction over New Jersey corporation
Where the New Jersey corporation’s contacts with Virginia were not related to the alleged violations of the Lanham Act and did not constitute a “significant and continuous” business relationship in Virginia, personal jurisdiction was found lacking. Moreover, because the evidentiary record was complete, the plaintiff’s request for jurisdictional discovery was denied, as was its request [&he[...]
Police didn’t use impermissible ‘two step’ tactic to get confession
A defendant lost his motion to suppress because the record contained no evidence that law enforcement officers intentionally or deliberately waited to advise him of his rights under Miranda v. Arizona, 384 U.S. 436 (1966) until he admitted to criminal conduct, and he “knowingly and voluntarily” made his warned admissions. Background Jelani A. Jones has […]
Discrimination suit against housing complex fails
After three attempts at suing the Richmond Redevelopment and Housing Authority for alleged unsafe conditions, a senior citizen resident again failed to show he was treated differently because of his age or religion or that he was the victim of legal malpractice. His case was dismissed with prejudice. Background Al-Tariq R. Ramadan, a senior citizen, […]
Insurer’s bid for early dismissal rejected
Although Nationwide argued it had no duty to satisfy a judgment arising from an automobile accident because it was not provided timely notice or because the injuries were incurred as a result of an intentional act, these arguments were contrary to the allegations in the complaint and insufficient to obtain dismissal at the motion to […]
Employer’s litigation conduct did not waive arbitration
A national staffing agency that was sued by its recruiters for overtime wages litigated various pretrial motions and engaged in discovery. However, it filed its first motion to compel arbitration shortly after the recruiters filed suit, the parties held discussions at the hearing on conditional collective action certification and the motion seeking arbitration was filed by […]
Easement granted for construction of natural gas pipeline
Where a company constructing a 600-mile underground natural gas pipeline required an easement over the defendants’ property, and the landowners failed to respond to the complaint for eminent domain, the company was granted the easement and ordered to pay $133.57 to the landowners as just compensation. Background Atlantic Coast Pipeline LLC seeks to exercise its […]
Suit over new car purchase headed to arbitration
Where a woman agreed to arbitrate her claims against an auto dealership, the dispute was ordered to arbitration despite the agreement’s waiver of punitive damages because the waiver was not against public policy. Although she sought an evidentiary hearing regarding the dealership’s intent, there were no disputed factual questions requiring a hearing. Background In May […]
Rolling paper makers prevail against counterfeiters
Where cigarette rolling paper manufacturers established the defendants were liable for trademark counterfeiting, trademark infringement, false designation of origin and common law unfair competition, the manufacturers were awarded statutory damages, an injunction and costs. The counterfeiters were also ordered to destroy materials bearing the infringing marks. Background The plaintiffs manufacture[...]
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
