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Woman can sue hospital under Fair Debt Act
Where a patient was told she could only dispute medical debt in writing, but the Fair Debt Collection Practice Act does not restrict how consumers may dispute alleged debt, the patient was presumably damaged by having to purchase a stamp, thus providing her standing to assert her FDCPA claim. Background Mary Foley, a patient of […]
Prison officials sued for not stopping guard dog attacks
Where a detainee alleged that he suffered severe physical and psychological injuries when he was attacked by a guard’s dog, and further alleged that supervisory officials were aware of patrol dog attacks throughout Virginia but did nothing to stop them, he plausibly alleged a claim for supervisory liability. Background Curtis J. Garrett alleges that he […]
Trust lacked standing to appeal order
Where a trust could not enforce the provisions of the master lease against one of the parties, because it had already been assigned to a new tenant assignee, the trust lacked standing because the litigation did not affect the trust’s pecuniary interests. Background Wilmington Trust appeals a bankruptcy court order denying the trust standing to […]
Inadequate medical staffing suit proceeds
Where the administratrix for a detainee who died after suffering a severe asthma attack alleged that prison officials had direct knowledge that there were no medical staff on-site for 13 overnight hours, and that they knew this practice posed a risk to the health and safety of detainees, the Eighth Amendment claims survived the motion […]
Basis of employee’s termination a jury question
Where there was evidence of age-related comments at the time the finance department employee was terminated, and the town shifted its explanation for letting her go, a jury will decide if she was terminated because of her personal telephone calls, use of Facebook at work and inaccurate timecards, or her age. Background This case involves […]
Man terminated for inability to perform, not bias
Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who worked for the Powhatan County Board of Supervisors as a maintenance worker, contends that the […]
$1 damages awarded in breach of contract case
Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background Multi-Housing Tax Credit Partners sued Alexander Dairy Associates LLC for improperly exercising its option to […]
Express contract dooms unjust enrichment claim
Where the provider of environmental and waste disposal services alleged there was an express agreement to be paid for its services, its unjust enrichment claim was dismissed because a party may not pursue such a claim if an express contract governs the subject matter underpinning the claim. Background This dispute arises out of agreements between […]
Suit challenging mortgage default dismissed
A suit alleging various claims arising out of a mortgage default and subsequent receipt of notice of foreclosure was dismissed because the various counts were not cognizable or supported by sufficient factual allegations. Background Dion Robinson sues Abby Moynihan, McCabe Weisberg & Conway LLC, Glen A. Messina and the PHH Mortgage Corporation, asserting various claims […]
Tenant escapes liability for fire involving subtenant
Where a tenant was sued for negligently allowing its subtenant to start a fire that caused nearly $400,000 in damage, the tenant’s motion to dismiss was granted because it had no duty to protect others from the harmful acts of a third person acting on or near the property. Background On Feb. 9, 2020, a […]
Ex-employee’s discrimination case can proceed
Where the former Veterans Affairs’ medical center employee alleged his supervisor treated him differently because of his race and religion, that the supervisor’s actions resulted in lower wages and that the supervisor had a history of treating other similarly situated employees differently, the race and religious discrimination claims will proceed to discovery. Background Frank J. […]
Filing motion for sanctions didn’t violate federal law
Where a school board moved for sanctions against the plaintiff in state court, her federal suit against the school board, its outside law firm and the attorney was dismissed because the sanctions motion did not violate the Americans with Disabilities Act of 1990, or ADA, the Rehabilitation Act of 1973, the Individuals with Disabilities Education […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- 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
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
