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

Although plaintiff probation officer’s supervisor purportedly was only being a “caring supervisor” when he rubbed her hand with his thumb and said he “hoped they could work something out” so she could keep her job, plaintiff has presented a jury ...

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

The plaintiff, a resident of a 200-unit townhome and apartment rental complex in Virginia Beach, suffered a se­vere dislocation and fractures of her right ankle when she fell on snow and ice in a common area of the housing complex. ...

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

An African-American plaintiff who wears a visible leg brace and walks with a limp, and who was fired from his job as an assistant manager at an IHOP restaurant, may amend his complaint alleging discrimination under Title VII and the ...

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

A plaintiff whose ankle was injured when struck by an electronic shopping cart at a Wal-Mart store has not estab­lished a prima facie case for negligent design with a mechanical engineer’s ex­pert opinion that the cart would have been safer ...

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