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Franchisee dispute transferred to California
Where a California-based franchisee argued that California law voided certain provisions in the franchise agreement restricting competition, and an addendum to the franchise agreement implied that the dispute would be litigated in California, the suit was transferred to California federal court. Background Liberty Tax Service is a franchisor of Liberty Tax Service income tax preparation […]
Court rejects attempted ‘assignment’ of FLSA claim
Where an individual alleged that two credit corporations allegedly violated the Fair Debt Collection Practices Act, or FDCPA, he could not assign those claims to another individual to prosecute. Under Virginia law, only those causes of action for damage to real or personal property and causes of action ex contractu are assignable. Background Malik Jones, […]
Party awarded fees, costs for successful motion
Where a company suing its former sales agent for unlawful competition showed that agent spoliated evidence, it was awarded its fees and costs incurred in preparing the spoliation motion. Its fee request, however, was reduced by 5% because it included several tasks unrelated to the spoliation motion. Background In April of 2019, GMS Industrial Supply […]
Jury to decide if officers committed assault, battery
Where a man involved in a traffic stop sued the officers for assault and battery and false imprisonment, the reasonableness of the officers’ actions was a jury question and Virginia sovereign immunity did not apply to intentional torts, the officers’ motions for summary judgment on these counts was denied. Background This action arises from a […]
Delivery driver injured while delivering railcar wheel sets — $303,920.24 verdict
Type of action: Railroad negligence Name of case: Riddick v. Norfolk Southern Railway Co. Court: U.S. District Court for the Eastern District of Virginia, Norfolk Division Case no.: 2:21-CV-00297 Tried before: Jury Name of judge or mediator: Judge Roderick C. Young Date resolved: 5/12/2022 Verdict or settlement: Verdict Amount: $303,920.24 Attorneys for plaintiff (and city): […]
Plaintiffs must be added as inventors on patents
Where two individuals solved a problem that had prevented an inventor from conducting a successful test of his invention, and the invention would not have been viable without their efforts, they will be added as co-inventors to the US and foreign patents. Background Plaintiffs bring this action against Steven Campbell and TranzGaz Inc. for correction […]
‘Slayer statute’ implicated in death benefits suit
Where a decedent’s death was ruled a homicide, and the investigation is still ongoing, an insurance company’s interpleader action may proceed. Although the beneficiary has not been arrested or charged in her husband’s killing, and has not been found civilly liable for his death, the “Slayer Statute” might preclude her from receiving benefits. Background The […]
Delay in trial didn’t violate Sixth Amendment rights
Where a trial delay was caused by several factors beyond the government’s control, including COVID-19, defendant’s medical problems and a weather-related travel delay, and the defendant showed no resulting prejudice, his motion to dismiss the indictment on speedy trial grounds was denied. Background This matter is before the court on Francis David Sherman Sr.’s motion […]
Court lacks jurisdiction over trade secret suit
Where a company that provides specialized occupational training was wholly owned by an individual who primarily worked in Virginia, its suit alleging defendants stole trade secrets was dismissed because one of the defendants resided in Virginia, meaning there was no diversity jurisdiction. Background Metropolitan Solutions Group Inc. provides specialized occupational training to assist clients in [...]
No jurisdiction over foster care system suit
Where a mother alleged that social workers and agencies failed to provide services required under a foster care agreement, but there was no federal cause of action in her complaint nor complete diversity between the parties, the suit was dismissed. Background Nicole Lynn Harris, appearing pro se, filed a second amended complaint on behalf of […]
‘Lost and irreplaceable’: Employee sanctioned over spoliation
A federal court has sanctioned an employee who deleted electronically stored information, or ESI, from his former employer’s computers after receiving a litigation hold letter when he was fired for starting a competing company with several co-workers. Judge Roderick C. Young of the Eastern District of Virginia rejected the employee’s argument that his former employer’s […]
Wrongful death liability dispute belongs in state court
Where an engineering company disputed whether it was liable for a wrongful death and serious personal injury, but the controversy could be settled in a pending Pennsylvania state court liability action, a declaratory judgment complaint was dismissed. Background On Nov. 13, 2008, Jacobs Engineering Group Inc. and Consolidated Rail Corporation or CRC, which is the […]
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
