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HOA not necessary party in title insurance dispute
Where a title insurer was sued because of a dispute over who holds title to certain real estate, the homeowners’ association who currently owns the property was not a necessary party. The dispute could be resolved based on the various insurance documents and title binders before the court. Background This is a breach of contract […]
Post-judgment attacks on jury decision rejected
Where a jury largely found for two police officers on a motorist’s state and federal claims arising out of a traffic stop, the motorist’s post-judgment motions, challenging the verdict, expert testimony, jury instructions and the court’s management of the trial, were rejected. Background This case arises from a traffic stop involving Caron Nazario and Joseph […]
Homeowners get default judgment vs. contractor
Where homeowners sued a general contractor that failed to construct a house or return a $40,000 deposit, and the general contractor failed to respond to the lawsuit, default judgment was entered on the homeowners’ breach of contract and conversion claims. Background On April 24, 2022, Harcharanjit Singh Bhutta and Gurpreet Bhutta sued DRM Construction Corporation […]
$4M wrongful death verdict survives post-trial motions
Where defendants who were found liable for their roles in a detainee’s wrongful death argued the verdict was against the weight of the evidence or was the result of other errors during the trial, their post-trial motions were denied. Background Robert Boley, a detainee at Deerfield Men’s Work Center, was found dead in his cell […]
Employees denied default judgment in WARN Act suit
Where maintenance and landscaping employees alleged their employer ordered a “plant closing or mass layoff” as defined by the Worker Adjustment and Retraining Notification, or WARN, Act, but they failed to plead facts showing that the harm occurred at a “single site of employment,” their motion for default judgment was twice denied. Background Kevin Priest, […]
Using, occupying vehicle not limited to driving
A tow-truck driver is entitled to uninsured and underinsured motorists, or UM/UIM, insurance coverage because he was “using” and “occupying” a disabled RV while preparing to tow it from the interstate, the Eastern District of Virginia has held. The RV’s insurer argued that, since the vehicle was disabled and lacked special safety or towing equipment, […]
Title insurer defeats motion for summary judgment
Where a company alleged its title insurer breached a contract by failing to compensate it for losses covered by the title insurance policy, but there remained disputed issues of material fact over the ownership of certain drainage easements, its motion for summary judgment was denied. Background This is a contract dispute arising from a title […]
Tow truck driver prevails in UM/UIM coverage suit
Where a tow truck driver was connecting a disabled RV to his wrecker at the time it was struck by another vehicle, he was “using” a vehicle within meaning of Va. Code Ann. § 38.2- 2206(B) and was accordingly entitled to uninsured/underinsured motorist coverage from the vehicle’s insurer. Background On April 20, 2019, Joshua Moore […]
Lawsuit over ‘firehouse primary’ is dismissed
Where multiple people sued the Commonwealth of Virginia, Commonwealth officials and Democratic Party officials over the locations and timing of a “firehouse primary,” but the Commonwealth officials were immune from suit, the plaintiffs lacked standing and their claims failed as a matter of law, the suit was dismissed. Background This is a civil and voting […]
Court won’t re-do Democratic primary
Where individuals alleged that state officials and Democratic party officials unconstitutionally set and conducted a primary scheduled after a congressman unexpectedly died, but they failed to show a likelihood of success on their claims, their delay weighed against any assertion of irreparable harm and their motion would result in additional costs, confusion and hardship, it […]
Description dooms sale, but negligence claim dismissed
A policyholder’s claim against its title insurer for negligently performing title searches and producing inaccurate legal descriptions of the property was dismissed because the source of duty rule and the economic loss rule provide that the policyholder’s remedy was only in contract. U.S. District Judge Roderick Young said the plaintiff sufficiently alleged a breach of […]
Title insurer successfully dismisses negligence claim
Where a policyholder sued its title insurer for negligently performing title searches and producing inaccurate legal descriptions of the property, the negligence claim was dismissed. The source of duty rule and/or the economic loss rule provided that the policyholder’s remedy was only in contract. Background In 2018, Landfall Trust LLC purchased lots nine and 10 […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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