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Lender granted default judgment
Where a borrower and guarantor failed to respond to the lender’s breach of contract suit, they are liable for a total of $121,520.99 in damages, plus post-judgment interest and $34,352.15 in attorney’s fees. Background Before the court is Wells Fargo Commercial Distribution Finance LLC’s motion for default judgment against Shore Saw & Mower Inc. and […]
Petitioner’s § 2255 motion dismissed as untimely
Where a petitioner filed his § 2255 motion more than a year after the conviction became final, and there was no sufficient excuse for the untimely filing, it was dismissed. Background On Oct. 15, 2019, a federal grand jury returned a two-count indictment against Justin Travis Taylor. On Jan. 2, 2020, he pled guilty to […]
Detainee fails to show he should be released early
Where a detainee argued he should be released early, but failed to show that his rhabdomyolysis had worsened or is being poorly managed, and his release would not promote respect for law or provide adequate deterrence, his motion was denied. Background On May 24, 2019, Quayshawn M. Davidson pleaded guilty to multiple counts of a […]
General contractor liable for failure to pay for materials
Where a general contractor failed to pay for building materials, the general contractor and its personal guarantor were liable for the cost of the materials, pre-judgment interest, attorney’s fees and costs and post-judgment interest. Background L&W Supply Corporation furnishes building materials to contractor customers to use on various public and private commercial and residential projects[...]
Prevailing supervisor denied attorneys’ fees
Although the court previously held an employee’s race discrimination claim was time barred, it refused to award attorneys’ fees to the prevailing supervisor. The fact that the court rejected the man’s “continuing violation” theory wasn’t enough to show that the suit was “frivolous, unreasonable, or without foundation.” Background Rodney Mills sued the City of Norfolk […]
Attorneys’ fees awarded to City of Norfolk
Where the court previously dismissed a lawsuit for lack of standing, the plaintiffs’ motion to reconsider was denied because it did not show the court misapplied the facts or the law. The City of Norfolk, moreover, was awarded most of the attorneys’ fees it incurred in defending the suit. Background On Oct. 29, 2021, plaintiffs […]
Franchisor breached contract’s notice provision
Where a franchisor needed to provide notice and an opportunity to cure before it could terminate an agreement for failure to meet development goals, and no such notice was provided here, the franchisor breached the contract. Background Defendant JTH Tax LLC sells franchises engaged in the preparation of tax returns as well as area development, […]
Army can replace base’s food delivery contractor
Where the court enjoined the U.S. Army in January 2019 from cancelling a contract for food delivery services at Fort Benning because it appeared that the procurement process might have been in violation of federal law, that injunction was modified to allow solicitation of a new contract because of changing food service needs at Fort […]
Suit over Virginia Beach election method stayed
Where parties challenged the City of Virginia Beach’s at-large election method, and the city moved to stay proceedings until March 2023 so that the newly elected City Council had an opportunity to decide on a method of conducting elections, the motion was granted. It would be a waste of judicial resources to hold any proceedings […]
Company defeats interference claim
Where a former employee asserted a claim for interference under the Rehabilitation Act, but she failed to plead facts showing any discriminatory intent by her employer, her claim was dismissed. Background Michele Pitts-Brown’s second amended complaint, or SAC, against her former employer, Renal Treatment Centers-Mid Atlantic Inc. asserts claims under the Americans with Disabilities Act, [&hellip[...]
No treble damages under Overtime Wage Act
A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available under the Fair Labor Standards Act, or FLSA. “The court finds that the changes to […]
Wife awarded judgment on wrongful death claim
Where a company failed to answer certain allegations in the third amended complaint, or TAC, did not attempt to file an answer until the plaintiff moved for default judgment and then submitted an incomplete answer, the plaintiff’s motion for judgment on the pleadings on the wrongful death claim was granted. Background This memorandum opinion and […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
