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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 […]
Defendant may not file amended answer
Where a company sued for wrongful death was allowed to file a late answer, but was precluded from raising any affirmative defenses to the wrongful death claim, its motion to now amend its late answer to add responses and affirmative defenses was denied. The request was futile in light of the court’s recent orders, would […]
Change to Overtime Wage Act applied retroactively
Where the Virginia General Assembly amended the Virginia Overtime Wage Act on July 1, 2022, to eliminate the availability of treble damages, that change was procedural and thus applies retroactively. Background On April 29, 2022, Gwendolyn Meharg sued Harmony on the Peninsula, alleging violations of the Fair Labor Standards Act, or FLSA, and the Virginia […]
Student athlete can sue university for retaliation
A former student athlete’s Title IX retaliation and intentional infliction of emotional distress claims against the College of William & Mary can go forward, a U.S. District Court judge has ruled. The plaintiff alleged that her basketball coach surveilled her and threatened to remove her from the team, which would have revoked her scholarship. “Viewing […]
Coach accused of surveilling, threatening student athlete
Where a former athlete at the College of William and Mary, or W&M, alleged that a W&M administrator surveilled her at the request of the women’s basketball coach, and that the coach then threatened to remove her from the team or revoke her scholarship, she plausibly alleged claims for retaliation and intentional infliction of emotional […]
Late service of complaint excused by court
Although the plaintiff first served the complaint upon the defendant 111 days after the lawsuit was filed, and thus beyond the 90 days allowed by Federal Rule of Civil Procedure 4(m), the court agreed with the overwhelming weight of authority finding that it has discretion to extend the 90-day period for service of process, even […]
Time-barred complaint not subject to equitable tolling
Where an employee failed to timely file her charge of discrimination with the Equal Employment Opportunity Commission, or EEOC; failed to demonstrate that extraordinary circumstances beyond her control prevented her from filing on time and failed to diligently pursue her claim, her suit was dismissed. Background On Nov. 29, 2021, Cynthia Joy McClarigan filed a […]
Suit about destruction of historic house dismissed
Where plaintiffs sued the City of Norfolk for approving the demolition of a house located in a historic district, but they lacked any property interest in the house, they lacked standing to sue the city for inverse condemnation and gross negligence. Background Plaintiffs are upset that the City of Norfolk allowed a house located in […]
Contracts with VA entity establishes jurisdiction
Where out-of-state companies contracted with a Virginia-based corporation to implement uniform practices, including the practices that resulted in the alleged Fair Labor Standard Act violations at issue in this suit, the court could exercise jurisdiction over the foreign defendants. Background Defendants operate a chain of Mexican restaurants throughout the United States. Plaintiff alleges that, u[...]
Deficient performance dooms discrimination claims
Where an employee alleged that he was terminated because of his race and disability, but the record showed that he was not meeting his employer’s legitimate expectations for several months, the employer prevailed on the discrimination claims. Background Johnny W. Pope II filed a complaint against Western Tidewater Community Services Board, asserting claims for (1) […]
City defeats retaliation, hostile work environment
Where a Norfolk Fire and Rescue employee was selected for random drug testing and received verbal counseling over a separate incident, those were not “adverse employment actions.” Because there was no showing these interactions were because of the employee’s race, and they were not “severe or pervasive,” the city was granted summary judgment on a […]
No survival damages for alleged asbestos exposure
Where the representative of a now-deceased seaman alleging his exposure to asbestos aboard a Navy ship caused his death sought survival damages for pain and suffering as well as medical expenses, his claim was denied because survival damages for pre-death pain and suffering or medical expenses are unavailable under general maritime law. Background Herbert H. […]
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
