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Court won’t reconsider trade secret judgment
Where the court previously ruled that the employment agreement between an assistant professor and Eastern Virginia Medical School, or EVMS, precluded the professor from asserting a claim for misappropriation of the trade secret against EVMS, the professor’s motion for reconsideration was denied. The court refused to allow her to present new evidence in favor of […]
Jury to decide liability in detainee’s death
Where correctional officers moved for summary judgment against claims of gross negligence, willful and wanton negligence and deliberate indifference filed by the family of a detainee who experienced chest pains that ultimately resulted in his death, but there were inconsistences and disputes in the parties’ material facts, the officers’ motions were denied. Background This suit […]
Doctor may testify as expert in wrongful death suit
Where a doctor had maintained an active clinical presence in the defendant’s specialty, and had performed the contested procedure in the past, he satisfied the active clinical practice requirement to be qualified as an expert witness in Virginia. Background This suit involves the quality of medical care a detainee, Robert Boley, received while experiencing chest […]
Verbal consent dooms motion to suppress
Where the defendant, who was visiting an apartment, moved to suppress drug and weapons evidence seized from the apartment, but the leaseholder had given permission for the search and the defendant never expressly objected to the search, his motion to suppress was denied. Background On Nov. 15, 2021, law enforcement officers obtained search warrant for […]
Disloyal employee’s damages verdict stands
Where a company argued it was entitled to $396,832.59 in damages, instead of the $59,000 it was awarded after a jury found a former employee breached his duty of loyalty, the company’s arguments were rejected. There was no evidence the jury neglected to consider the evidence or was influenced by prejudice, passion or other improper […]
Manufacturer sued after boat capsizes
A boat manufacturer sued by the city of Norfolk following the capsizing of a maritime security vessel saw its motion for summary judgment denied by the U.S. District Court for the Eastern District of Virginia. The city’s product liability suit against the manufacturer will proceed to trial after U.S. District Judge Roderick C. Young found […]
Court won’t certify accreditation ruling for immediate appeal
Where Hampton University School of Pharmacy challenged the decision of the Accreditation Council for Pharmacy Education, or ACPE, to withdraw Hampton’s accreditation, and the court denied Hampton’s motion for summary judgment, it now refused to certify its ruling for immediate appeal. There was no controlling question of law on which there was substantial ground for […]
Boat insurance dispute proceeds to trial
A dispute over an alleged breach of contract between a boat manufacturer and the city of Norfolk will proceed to trial after a federal judge denied the manufacturer’s motion for summary judgment. The suit was filed over a purported failure to obtain insurance for a maritime security operations vessel, in violation of the contract between […]
No facts plead to show subject matter jurisdiction
Where a complaint alleged that the plaintiff and defendant were both citizens of Virginia, so there was no diversity jurisdiction, and the complaint did not clearly assert any claims that could serve as the basis for federal question jurisdiction, it was dismissed for lack of subject matter jurisdiction. Background Plaintiff, appearing pro se, submitted an […]
Manufacturer sued for failure to test boat
Where a boat used in maritime security operations capsized during a test run, and the City of Norfolk then sued the manufacturer under a failure to test or failure to warn theory, the manufacturer’s motion for summary judgment was denied because there remained numerous disputes of material fact, including whether the risk of capsizing is […]
No facts plead showing diversity jurisdiction
Where a woman filed a complaint that appeared to challenge actions taken by the defendant before and/or after the death of her daughter, but she failed to plead facts showing diversity jurisdiction, her complaint was dismissed. Background Anita Maria McCoy’s original complaint was difficult to decipher; however, it appeared that plaintiff challenged the actions taken […]
Manufacturer sued for failure to get insurance
Where the manufacturer of a boat used by the City of Norfolk in its maritime security operations agreed in its contract with the city to procure insurance, but the insurance carrier then denied coverage following an accident involving the boat, a jury will decide if the manufacturer breached the contract. Background In 2007, the City […]
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
