Where the plaintiff’s attorney failed to meet and confer regarding Walmart’s failure to respond to certain interrogatories before filing his motion to compel, he violated Fed. R. Civ. P.37 (a) and E.D. Va. Local Civil Rule 37(E). Although the requested ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

Although a man injured while shopping at Walmart agreed to settle his negligence claim for $20,000, because Walmart required execution of a settlement agreement as a material term, and no agreement was ever executed, there was no binding settlement.  Background ...

Tagged with: Contract Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost ...

Tagged with: Judge Lawrence R. Leonard Judge Rebecca Beach Smith Premises Liability U.S. District Court - Eastern District

Where a defendant was forced to file a motion to compel a credit report from a reporting agency after the plaintiff’s attorneys refused to consent to its production, the defendant was entitled to recover reasonable attorneys’ fees and costs. Because ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where defendants raised advice of counsel as an affirmative defense to a suit alleging they improperly classified their employees, and where they made selective production of documents and produced their attorney for a deposition, they waived attorney-client privilege as to ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

Although a man injured in a barge accident could not assert a claim for unseaworthiness against the tug owner because only a seaman employed by a vessel can make such a claim, he can replead a claim for direct negligence. ...

Tagged with: Admiralty Judge Lawrence R. Leonard U.S. District Court - Eastern District

The malpractice occurred in 2007. Suit was originally filed in 2008. The case went to trial in 2011 and resulted in a defense verdict. The verdict was set aside based on alleged juror misconduct. The case was reset for trial ...

Tagged with: Judge Lawrence R. Leonard Medical Malpractice Settlement U.S. District Court - Eastern District

Because petitioner failed to obtain the Fourth Circuit’s authorization to file a successive  habeas petition as required under the Antiterrorism and Effective Death Penalty Act of 1996, the court lacks jurisdiction and the claim must be dismissed. Background Plaintiff has ...

Tagged with: Constitutional Judge Lawrence R. Leonard U.S. District Court - Eastern District

In a Deputy City Attorney’s lawsuit asserting various discrimination claims, the court granted Defendant City of Hampton’s motion for judgment on the pleadings, but with limited leave to amend with allegations supporting disparate treatment. Plaintiff Veronica Meade is an African-American ...

Tagged with: Employment Discrimination Judge Lawrence R. Leonard U.S. District Court - Eastern District

While slowing to stop at a traffic signal on J. Clyde Morris Boulevard, in the City of Newport News, plaintiff’s sedan was struck from behind at a high rate of speed by a work truck driven by the defendant driver, ...

Tagged with: Judge Lawrence R. Leonard Million-Dollar Settlements Personal Injury U.S. District Court - Eastern District