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Tort: Former Salvadoran colonel sued for 1982 murders of Dutch journalists
Where the brother of one of the journalists showed that he has been pursuing his rights diligently, but that some extraordinary circumstance stood in his way, the statute of limitations was equitable tolled.
Employment: Reverse discrimination putative class action suit is dismissed
Where plaintiffs alleging they were the victims of reverse race discrimination twice failed to plead facts making their claims plausible, and their proposed class did not satisfy Rule 23, the suit was dismissed except for the failure-to-promote claim of one individual plaintiff.
Consumer Protection: Court lacks jurisdiction over CAFA suit against Lowe’s Home Center
Where a customer alleged that she was deceptively induced into purchasing an unnecessary item from Lowe’s Home Center, but the undisputed evidence showed the class damages were significantly below the $5 million threshold under the Class Action Fairness Act of 2005, the suit was dismissed.
Contract: Medical clinic sues over unpaid invoice
Where a medical clinic sued over an unpaid invoice, the defendant’s motion to dismiss was denied. The clinic plausibly alleged the defendant knowingly and falsely represented that it would provide, and assume the cost of providing, medical services for two people during their 30-day stay at the clinic, but failed to do so.
Employment: Former employee sues company for defamation
Where a man alleged his former employer falsely reported that he left “abruptly” and “without notice,” these claims were capable of defamatory meaning, because they imply that he abandoned his work.
Tort: Suit over alleged aiding and abetting of Hamas is dismissed
Where organizations and individuals were sued for aiding and abetting Hamas, but the court lacked subject matter jurisdiction over some claims and the remaining claims failed to state a claim as a matter of law, the suit was dismissed.
Contract: Judgment entered against defendant after two bankruptcies
Where the plaintiff moved for judgment on her breach of contract claim, and the defendant argued the bankruptcy court’s orders are final, money judgments precluding an entry of judgment by this court, his argument was rejected.
Employment: Employer prevails on failure-to-select claim
Where an employee alleged she was not selected for a supervisory analyst position because of her race, but no reasonable juror could determine that the non-selection was race discrimination, the employer was granted summary judgment.
Immigration: Government can’t be forced to act on asylum claim
Where the petitioner sought an order requiring the government to act on his claim for asylum, the government’s motion for summary judgment was granted on his unlawfully withheld and unreasonable delay claims.
Negligence: Saudi Arabia is more convenient forum for slip-and-fall suit
Where the accident occurred in Saudi Arabia, most of the liability evidence is in Saudi Arabia, discovery would need to occur in Saudi Arabia, the inability to compel defendant witnesses to appear in this district and the availability of remedies in Saudi Arabia, this district was deemed an inconvenient forum.
Administrative: Court affirms ALJ’s resolution of dispute over Medicare hospice benefits
Where an administrative law judge’s decision resolving a hospice’s claims for Medicare benefits was supported by substantial evidence and applied the correct legal standards, it was affirmed.
Consumer Protection: Customer’s suit against bank is remanded to circuit court
Where a pro se plaintiff sued a bank over reports it made to various third-party reporting agencies, the suit was improperly removed to federal court. There was no federal question or diversity jurisdiction.
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
