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Richmond prevails in suit by ambulance provider
Although a provider of ambulance services claimed it was being thwarted by the City of Richmond’s refusal to grant a permit for EMS vehicles, the law allows the city to limit the number of EMS vehicles and gives it “absolute discretion” in granting permits. The provider’s antitrust, preemption, due process, equal protection and other claims […]
Builder’s interpretation of delay damages fails
Where the terms of the contract involving the building of a natural gas power plant were unambiguous and both the electric cooperative and the builder agreed that the cooperative was required to pay for property damage at the construction site, the builder’s contrary interpretation on delay damages would render other portions of the contract meaningless […]
School search issue is for jury to decide
Where Richmond Public Schools, or RPS, failed to properly train its employees on what constitutes reasonable suspicion for a drug or alcohol test of an employee, a jury will decide if its conduct toward a teaching assistant who allegedly reported to work smelling of alcohol gives rise to a constitutional violation. The court, however, dismissed […]
No federal jurisdiction over wage and benefit case
Where the former president of a Teamsters sued the union for unpaid wages and benefits, the claims did not fall under § 301 of the Labor Management Relations Act of 1947, or LMRA, thus requiring the case to be remanded to General District Court. Background Kenneth Chism served as president of the Teamsters Local 322 […]
Easements granted for construction of natural gas pipeline
Where the parties’ contact contained choice of law and venue clauses that required application of Virginia law and that the suit be brought in Richmond, neither of those conditions prevented the litigation from being removed to federal court in Richmond. Background Atlantic Coast Pipeline LLC seeks to exercise its eminent domain powers pursuant to Section […]
Employee had no property interest in continued employment
Where a former employee had no property interest in continued employment, her claim for deprivation of due process under 42 U.S.C. § 1983 failed as a matter of law. Background In this § 1983 action, Crystal P. Grant, a former employee of Southside Regional Jail, alleges that the defendants fired her based on trumped-up charges […]
Fair Credit Act suit goes forward
Where the complaint alleged that Trans Union reported inaccurate information in connection with the plaintiff’s application for a car loan, and that it failed to follow reasonable procedures to ensure the accuracy of its credit reports, Trans Union’s motion to dismiss was denied. Background Sarah Solomon alleges that Trans Union LLC inaccurately reported her credit […]
Limitations statutes stop some claims in antitrust suit
Where two groups of plaintiffs in consolidated class actions against America’s leading manufacturers of interior molded doors alleged antitrust violations, the court applied statutes of limitations to narrow the suit and dismissed numerous state antitrust, consumer protection and unjust enrichment claims. Background In these consolidated class actions, two groups of plaintiffs contend that Ameri[...]
Nuisance and trespass suit against paper mill filed too late
Where residents waited too long to file a nuisance suit against a paper mill and wood chip mill in West Point, claiming it generated wood dust that invaded their land, home and cars, their claims for damages were dismissed. However, they may pursue injunctive relief. Background In this class action, the plaintiffs seek redress for wood […]
Ex-dean may replead hostile environment claim
Although the plaintiff alleged the dean of the University of Richmond School of Arts and Sciences caused her to resign as associate dean, her allegations were insufficient to plausibly show a hostile work environment or gender discrimination. She may, however, replead her hostile work environment claim. Background Dr. Della Dumbaugh, a former Associate Dean of […]
Mediation agreement in car credit contract upheld
Where the plaintiff agreed to attempt mediation first before filing suit, and where she failed to show the mediation agreement was unconscionable or a contract of adhesion, the court ordered the plaintiff to proceed with mediation before the Better Business Bureau. Background On May 18, 2018, Renee Galloway purchased and took possession of a 2018 […]
Insurer did not assume citizenship of insured after judgment
Where a plaintiff sued an insurance company after he had already obtained a judgment against the wrongdoer alleged to be covered under the insurance company’s policy, the insurance company did not assume the citizenship of the purported insured and the federal court was entitled to exercise diversity jurisdiction. Background On Feb. 12, 2015, Kristian Helweg […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
