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Court can’t her negligent drug-testing claim
Where a former pilot alleged an airline employee acted negligently in connection with his drug test, the claim was dismissed because it would require the court to interpret the collective bargaining agreement over which the Railway Labor Act, or RLA, system board of adjustment has exclusive jurisdiction. Background Christopher Connor used to work for Republic […]
Staffing agency pact with client was void
Where a staffing agency’s agreement provided that if its client decided that it no longer wished to have the plaintiff provide services the agreement would be null and void, and the record showed that before the plaintiff started working the client decided to not bring him on board, the agreement was null and void. Background […]
Court strikes ‘placeholder’ opposition brief
Where the plaintiff obtained an extension to respond to the motion for summary judgment, but then filed a “placeholder” brief that was largely a verbatim copy of an opposition brief filed in another case before filing a “corrected” brief three days later, the “corrected” brief was struck. As the facts showed no FMLA retaliation or […]
Prior child pornography conviction admissible
Where the defendant was indicted in 2020 for possession of child pornography, details about a 2009 child pornography conviction were admissible because they explained why the probation officer was visiting the defendant in 2019 when he discovered the material. However, details about the 2009 sentence would be redacted. Background In 2009, defendant pleaded guilty and […]
Contractor fails to dismiss inducement claim
Although a government contractor argued that a subcontractor’s fraudulent inducement claim should be dismissed because the teaming agreement did not result in a contract, the claim survived because the teaming agreement was not the source of the duty. Background This matter comes before the court on defendant Human Capital Resources and Concepts Incorporated’s motion to […]
Company’s effort to disqualify employee’s counsel fails
Where the company moved to disqualify counsel representing an employee in her civil rights case because it was representing a co-defendant in a separate case involving the company’s successor corporation, the motion was denied because there was no actual or perceived conflict, the two matters were not substantially related and there was no appearance of […]
Destruction of loan documents not spoliation
Where a dispute arose over whether a loan guarantee was forged and the lender’s practice was to scan and shred loan documents within a month of being signed, the documents here were executed/shredded in 2005 while the litigation did not commence until 2018, there was no spoliation. Background On July 10, 2018, appellant filed a […]
Assets of pirate movie streaming site frozen
Where film companies showed that parties responsible for a pirate movie streaming website likely violated the Copyright Act and Lanham Act, thereby causing irreparable harm, the defendants’ assets were frozen. Background Plaintiffs—business entities involved in the film industry—seek a preliminary injunction ordering temporary asset restraint and other relief pursuant to the Copyright Act, t[...]
Reliance on unadmitted exhibit was error
Where the bankruptcy court relied on an exhibit that was not admitted into evidence in sustaining the debtor’s objection to claims filed by the appellant, and its error was not harmless, its decision was vacated. Background On July 10, 2018, appellee filed a Chapter 7 bankruptcy petition with the bankruptcy court. Thereafter, appellant filed the […]
‘Limited fund’ settlement involving law school approved
Where there was “ample evidence” that Charlotte School of Law had limited funds to settle a class action over its compliance with the American Bar Association’s accreditation standards and the settlement was fair, reasonable and adequate, the court did not err in approving it. Background The dispute giving rise to the settlement centers around allegations […]
Assembly acts to fill new appeals court judgeships
A long-dormant proposal to expand the Court of Appeals of Virginia suddenly became a flashpoint issue this month as General Assembly Democrats prepared to fill an expected four new judicial seats while Republicans derided the initiative as a liberal “pack-the-court” plan. At the request of the Senate Judiciary Committee Dec. 17, Virginia bar groups began […]
Laches dooms injunctive relief challenge to absentee balloting
The plaintiffs’ delay in mounting a challenge to the absentee ballot process in Virginia because of the COVID-19 pandemic, resulted in injunctive relief being denied because of laches. Background On March 12, 2020, Gov. Ralph S. Northam declared a state of emergency in the wake of the unprecedented COVID-19 pandemic. On March 16, 2020, defendants […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- 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
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
