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Private process server fees unrecoverable
Where prevailing parties filed a bill of costs to recover private process service fees, that request was denied. While the Fourth Circuit has not yet spoken on the issue, and other circuits are split on the issue, the recent trend in the Western District of Virginia is to deny such requests because federal courts cannot […]
Employer not liable for alleged hostile work environment
Where the record showed an employer acted promptly after its employee received three anonymous racist letters, and the response was reasonably calculated to end the harassment, the employer prevailed on the hostile work environment claim. Background Kimberly Washington, an African American, raises several claims against her employer, Offender Aid and Restoration of Charlottesville-Albemarle Inc., [...]
Doctor’s retaliation claim against medical practice heads to jury
A Lynchburg doctor who was “permanently banned” by his employer four days after filing a government complaint about billing practices will have his retaliation case decided by a jury. The plaintiff filed suit alleging violations of the False Claims Act, or FCA, and Virginia Fraud Against Taxpayers Act by alleging the medical practice retaliated against […]
Court lacks jurisdiction over intra-tribal dispute
Where members of the Monacan Indian Tribe alleged that defendants were not entitled to certain federal funds because they were not tribal officials, the court lacked jurisdiction to resolve the dispute because it would depend upon the court interpreting and applying Monacan bylaws and laws. Background Plaintiffs in this case are members of the Monacan […]
Officials sued for delayed skin cancer treatment
Where a detainee alleged facts plausibly suggesting that medical and correctional officials had knowledge of his skin cancer, but delayed treating it or setting his dermatology appointment, his deliberate indifference claim survived their motion to dismiss. Background Nicholas Tierney brings a § 1983 claim against Qing Liu, MD, a jail’s medical director, and several jail […]
Carrier has duty to defend in wrongful death shooting
An insurance carrier has a duty to defend a man who pled guilty to second-degree murder in a wrongful death suit after a federal judge ruled that it was possible a jury could conclude the man acted negligently or unintentionally. The carrier, State Farm, sought declaratory judgment on the basis that the conduct at issue […]
UIM suit dismissed against carrier
Where an uninsured motorists, or UIM, carrier’s obligation arises only after judgment is entered against a tortfeasor, and the complaint here did not allege any judgment was entered against a tortfeasor, it was dismissed. Background Jacqueline Johnson brings breach of contract and breach of good faith and fair dealing claims against Nationwide Mutual Insurance Company […]
Carrier has duty to defend wrongful death shooting suit
Where a man fatally shot a woman, and then pleaded guilty to second-degree murder, but this court would not consider his guilty plea, and it was possible a jury might conclude that he acted negligently or unintentionally, the carrier had a duty to defend him against the wrongful death suit. Background On Dec. 1, 2020, […]
Excessive force claims against city proceed
A plaintiff’s constitutional claims against a city for its police officers’ repeated usage of excessive force have survived dismissal in the Western District of Virginia after the court found the pleadings supported four theories of liability. The plaintiff sued the City of Lynchburg and some of its officers after he was attacked by police dogs […]
Lynchburg fails to dismiss excessive force claims
Where a man suing the City of Lynchburg for excessive force alleged facts making it plausible that the city condoned a practice so persistent and widespread as to constitute a custom or usage with the force of law, his claim survived the city’s motion to dismiss. The man also plausibly alleged claims for failure to […]
Jury to decide if LHRA is liable for voiding contract
Where the Lynchburg Redevelopment and Housing Authority, or LRHA, voided a contract for security services, a jury will decide if the contract award was arbitrary or capricious and if the security system manufacturer mitigated its damages. Background Ocean 10 is the manufacturer of the TSUNAMI system, an advanced, mobile security camera surveillance system. Ocean 10 […]
Defense verdict follows flurry of motions, sanctions
A long-haul of a case filed in the Western District of Virginia by motorists claiming a tractor trailer driver was liable for injuries they received during a multivehicle accident on the interstate has reached the end of the road after a jury found the truck driver wasn’t negligent. In the months leading to trial, the […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- 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
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
