Free Newsletter
Prevailing plaintiff awarded almost $1 million in fees, costs
Where a former employee of the Virginia Department of Motor Vehicles sought over $1.8 million in fees and costs, the magistrate judge reduced the amount to approximately $938,000. The parties then reached a settlement on the amount of fees, costs and interest. . Background David L. Stultz filed this action in 2013 related to grievances involving […]
Class certified for Fair Labor Standards Act suit against restaurant
Where current and former employees suing Macado’s restaurants satisfied their relatively relaxed burden to show the putative class is “similarly situated,” the class was conditionally certified and notice must be provided to the putative class members. Background Plaintiffs, who are current and former employees of Macado’s restaurants, brought this action under the Fair Labor Standards [&h[...]
Jurisdiction question sent to Fourth Circuit
Where a court concluded it had jurisdiction over alleged “alt-right” journalists and publishers sued for defamation in connection with articles about the “Unite the Right” rally, that court has certified portions of its decision for immediate review by the Fourth Circuit. Background Brennan M. Gilmore brought this diversity action against several “alt-right” journalists and online [&he[...]
‘Unite the Right’ defendants denied bond pending appeal
Where three individuals who pleaded guilty to conspiracy for their roles in the “Unite the Right” rally in Charlottesville did not demonstrate they would not pose a danger to others upon release, their motion seeking release on bond pending appeal was denied. Background This matter is before the court upon defendants Benjamin Drake Daley, Michael […]
No coverage for doc who brandished gun at clinic
A pain management physician who showed up with a gun outside his former Albemarle County office does not have insurance coverage for two tort actions filed by colleagues allegedly traumatized by the incident, a judge has ruled. The colleagues are seeking millions in damages claiming the gun incident was the culmination of threatening behavior after […]
Online lender sued for using alleged autodialer
Where there is a material dispute over whether the defendant’s telephone system fits the statutory definition of “automatic telephone dialing system,” the court denies the defendant’s motion for summary judgment. The court, however, held the plaintiff’s expert could not testify about documents he did not review. Background The Telephone Consumer Protection Act, or TCPA, forbids […[...]
Trustee’s lack of due diligence caused stock overpayment
A trustee’s unjustified reliance on a stock valuation and its failure to conduct sufficient due diligence resulted in an Employee Stock Ownership Plan paying well over fair market value to purchase shares in the company that were owned by the company’s founder, and the trustee as well as the company founder were jointly and severally […]
Unserved defendant destroys diversity jurisdiction
Because one of the defendants is alleged to be a resident of Virginia, as is the plaintiff, the case could not be removed to federal court on the basis of diversity jurisdiction, even if the Virginia defendant has not yet been served. As a result, the court remanded the personal injury suit to state court. […]
Defendant fails to show prior removal order was fundamentally unfair
The defendant failed to demonstrate any violation of his due process rights during the prior expedited removal hearing. As a result, the court rejected his collateral attack on the indictment. Background Defendant is a citizen of El Salvador who entered the United States on March 16, 2016. Immigration officials detained him shortly after crossing the […]
Court stays case until next General Assembly session
A lawsuit challenging the constitutionality of a Virginia statute that automatically suspends drivers’ licenses for failure to pay state court fines and costs was stayed to allow the General Assembly an opportunity to repeal the statute. Background Before the court is Virginia Department of Motor Vehicles Commissioner Richard D. Holcomb’s motion to dismiss the case […]
Filing second action against defendants was not vexatious
Where plaintiffs voluntarily discontinued their first action against defendants just two months before trial because the attorney that replaced their initial counsel did not have sufficient time to prepare and shortly thereafter filed a nearly identical action against the same defendants, the defendants were entitled to costs associated with the first action but were not […]
Policy unambiguously excluded coverage for advertising injuries
An insurance company was not required to defend and indemnify its insured in a trademark and trade dress infringement lawsuit because the insurance policy included a provision excluding coverage for such lawsuits that was unambiguous and explicitly superseded any provisions to the contrary. Background From 2014 to 2017, Hanover Insurance Co. insured Castle Hill Studios […]
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
