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Tort: Court dismisses homeowners’ suit over alleged vandalism
Where homeowners alleged their mortgage holder, loan servicer and other related defendants broke into and vandalized and burglarized their townhouse, but they failed to plead facts making their claims plausible, their suit was dismissed.
Employment: Employee staffing agency sued for unpaid minimum and overtime wages
Although the staffing agency argued these claims were barred by a prior lawsuit brought by the Department of Labor, the court disagreed because the specific claims were different from those in the Secretary’s suit.
Employment: Senior director’s constructive discharge claim is dismissed
Where a senior director at a government affairs consulting firm alleged she was constructively discharged, but she failed to plead facts making it plausible a reasonable person would have felt compelled to resign, this claim was dismissed.
Patent and Trademark: Court construes claims in water bottle dispute
Where the parties disputed the term “or less” that appears throughout the challenged patent claims, the court construed this claim.
Bankruptcy: Creditor’s appeal of adverse ruling is dismissed
Where a creditor appealed a bankruptcy court order awarding certain funds to the bankruptcy trustee, but the challenged order implicated an earlier order that the creditor failed to appeal, this appeal was dismissed.
Immigration: Another lawsuit over USCIS’ visa policy is dismissed
Where Iranian nationals seeking nonimmigrant visas, so that they can begin working for their respective US-based employers, alleged the delay violated the Administrative Procedure Act and sought relief under the Mandamus Act, their suit was dismissed.
Consumer Protection: VCPA defective vehicle claim is dismissed
Where a vehicle owner asserted a claim under the Virginia Consumer Protection Act based on an alleged lemon law vehicle, but he failed to plead facts showing reliance on the alleged misrepresentations or damages proximately caused by those alleged misrepresentations, this claim was dismissed.
Insurance: Suit alleges mental health benefits were wrongly denied
Where a policyholder alleged that defendants applied medical necessity criteria that deviated from the generally accepted standards of medical practice when evaluating a minor’s mental health treatment claim but followed those standards for analogous levels of medical/surgical benefits, they plausibly alleged a claim under the Mental Health Parity and Addiction Equity Act of 2008.
Patent and trademark: Nonprofit conservative youth organization files suit over trademarks
Where defendants sued for trademark infringement and unfair competition by a nonprofit conservative youth organization raised fair use and First Amendment defenses, but the viability of these affirmative defenses could not be determined from the face of the complaint, they were denied without prejudice to being raised later on a full record.
Civil Procedure: CPAC employee sued for tortious interference
Where an employee of the American Conservative Union who was sued for tortious interference removed the case to federal court on the basis it was related to another case pending in this court, the case was remanded. A removal petition may not base subject-matter jurisdiction on the supplemental-jurisdiction statute.
Patent and trademark: Trademark counterclaims are dismissed
Where a company that was sued for trademark infringement asserted five counterclaims against the plaintiff, including trademark cancellation, unfair competition and cybersquatting, but each of the counterclaims failed as a matter of law, they were dismissed.
Employment: Government employee’s age discrimination lawsuit dismissed
Where a government employee asserted claims for age discrimination, retaliation and a hostile work environment, but each of her claims failed as a matter of law, the lawsuit was dismissed.
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
