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Prisons: Danville law enforcement officials sued after inmate’s death
Where an individual suffering from acute alcohol withdrawal syndrome died a few hours after being booked into the Danville City Jail, the deliberate indifference claim brought by his estate survived the motion to dismiss. The amended complaint alleged facts making it plausible the decedent was suffering from a serious medical need and that defendants were deliberately indifferent to it.
Constitutional: Former county employee loses pension because he stole county funds
Where a former Halifax County employee was convicted of felony embezzlement, after it was discovered that he pocketed cash payments for pet adoptions that were supposed to be deposited into the county’s coffers, he lost his pension. Although he argued the loss of pension violated the Eighth and Fourteenth Amendments, these arguments were rejected.
Employment: Employee isn’t entitled to FLSA’s three-year statute of limitations
Where an amended complaint failed to plead that an employer’s violation of the Fair Labor Standards Act was willful, the employee was not entitled to the longer three-year statute of limitations.
Consumer Protection: Over $69,000 in fees awarded to prevailing plaintiff in defective RV suit
Where the purchaser of an RV vehicle prevailed on her defective vehicle claim, she was awarded over $69,000 in attorneys’ fees.
Commercial: Default judgment entered against 7-Eleven franchisee
Where franchisee failed to respond to the complaint, alleging it continued operating the business after the franchise agreement was terminated, and the facts supported the claims for breach of contract, trademark infringement and unfair competition, it was adjudged liable for these claims.
Administrative: ALJ failed to sufficiently explain why he denied SSI claim
Where an administrative law judge denied a woman’s claim for Supplemental Security Income, but the judge failed to provide a reasoned explanation of how the evidence supported his conclusions or how he reconciled conflicting evidence, he must provide a more thorough analysis of how that evidence is considered and applied.
Tort: Company isn’t liable for employee’s allegedly defamatory statement
Where a man sought to hold his former employer vicariously liable for a co-worker’s alleged defamation (in reporting alleged sexual harassment), but the Supreme Court of Virginia has made clear that employers can only be held liable if the employees were acting in furtherance of the purpose for which the employee was hired, and reporting sexual harassment—whether falsely or accurately—is not[...]
Civil Rights: Transgender female inmate’s TRO motions are denied
Where a transgender female inmate sought temporary restraining orders that corrections officers be kept 5,000 yards from her or that she be transferred to another facility, her motions were denied. She did not provide the court with any information that would justify the extraordinary remedy of its intervention in matters of prison administration.
Employment: Jury to decide if commonwealth’s attorney violated man’s FMLA rights
Where a former assistant commonwealth’s attorney in the city of Martinsville alleged his supervisor violated his rights under the Family and Medical Leave Act when he terminated the plaintiff for falsifying a record in connection with a leave request, and there were factual disputes about whether the purported dishonesty “truly was the reason for the plaintiff’s termination” or whether it [...]
Negligence claim can proceed in elevator electrocution case
A shopper’s electrocution claim survives dismissal asa judge finds plausible negligence in elevator injury lawsuit.
Negligence: Customer claims he was electrocuted while shopping
Where a man who was allegedly electrocuted by a store elevator sued the property management company, its motion to dismiss was denied. The complaint plausibly alleged the company had a common-law duty to exercise reasonable care when it tended to the elevator, but did so negligently.
Negligence: Dog bite case goes to jury
Where there were disputed facts over whether the dog’s owner exercised reasonable vigilance and control when his German Shepherd bit another shopper, his motion for summary judgment was denied.
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
