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Criminal: Jury verdict withstands post-trial attacks
Where individuals convicted of conspiracy to committee wire and mail fraud and conspiracy to commit money laundering filed a host of post-trial motions, but none of those motions were granted, the verdicts stand.
Employment: Former employee’s suit against city of Manassas is dismissed
Where a former employee asserted a multi-count complaint against the city of Manassas, but she failed to exhaust most of her claims, and the remaining claims were not plausible, the suit was dismissed.
Patent and Trademark: Court resolves claim construction disputes in video streaming patent suit
Where parties disputed multiple claims in a suit over video streaming patents, they were construed by the court.
Prisons: ‘Bivens’ claim is foreclosed by FTCA judgment
Where an inmate obtains a judgment under the Federal Tort Claims Act, he can no longer pursue a Bivens action based on the same conduct.
Tort: Journalist fails to dismiss defamation suit
Where a company and its founder plausibly alleged an independent blogger made false statements that were defamatory per se, and that the statements were made with actual malice, the journalist’s motion to dismiss was denied.
Municipal: Condo owner sues judges over alleged unfair Board of Equalization
Where a condominium unit owner sued the Chief Justice of the Virginia Supreme Court and judges of the Arlington Circuit Court, alleging that Boards of Equalization violated the Fourteenth Amendment because they do not provide due process to homeowners who wish to challenge their property assessment, the judges were entitled to immunity.
Employment: Former Navy employee’s suit is dismissed
Where a former Department of the Navy employee appeared to assert claims for disability discrimination, retaliation, under the Family and Medical Leave Act and under the Federal Tort Claims Act, but each of his claims failed as a matter of law, the lawsuit was dismissed.
Tort: Homeowners sue their insurer for trespass
Where homeowners alleged that a contractor entered their property without notice and in contravention of prior instructions, but the contractor was an independent contractor, the insurer’s motion to dismiss the trespass claim was granted.
Civil Practice: Class certified in Social Security miscalculation suit
Where the court previously concluded that the Social Security Administration has been applying the wrong formula in calculating social security benefits that are payable to children of parents who retire before reaching the full retirement age, it certified a class. But the class only went back 60 days before the complaint was filed, and not the 45 years proposed by the plaintiff. Any earlier peri[...]
Judge upholds FOIA document release claim
A government agency’s response that it withheld records responsive to a Freedom of Information Act request did not negate subject matter jurisdiction for a determination of whether a FOIA exemption applied.
Employment: Former government employee’s suit is dismissed
Where a former federal employee asserted claims of discrimination, hostile work environment and retaliation, but she failed to plead facts making these claims plausible, her complaint was dismissed.
Freedom of Information: Government’s response doesn’t moot dispute over exemptions
Where a company alleged the government failed to respond to a Freedom of Information Act request, and improperly withheld responsive records, and the government then issued a final denial letter, that letter mooted the first claim but not the second. Because the company alleges the wrongful withholding of documents and the government admits that it has not produced any documents, the dispute over [...]
Verdicts & Settlements
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
Opinion Digests
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
- Search & Seizure – Warrantless search of hotel room safe upheld
