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Petition signature requirement lowered
Where plaintiff, a Republican candidate in Virginia for the U.S. Senate, alleges that the commonwealth’s guidelines to prevent the spread of COVID-19 are unconstitutional as applied to him because they interfered with his ability to obtain the requisite number of signatures to be placed on the ballot, plaintiff’s emergency motion for preliminary injunctive relief is […]
Volunteer coaches have sovereign immunity
Volunteer coaches conducting a high school baseball team’s batting practice have sovereign immunity from the simple negligence claims in plaintiffs’ lawsuit. Immunity analysis Code § 2.2-3605 provides sovereign immunity to volunteers to the same extent as paid staff. Whether the volunteer defendants in this case qualify for such immunity is determined under the four-factor test […]
Boat slip rental did not create bailment
Where plaintiff claims defendant marina’s actions caused his boat to sink during a winter storm, the parties’ boat slip lease did not create a bailment, so plaintiff’s cause of action is limited to a claim for breach of contract. His bailment-based claims are dismissed. Facts Defendant rented a boat slip to plaintiff. Plaintiff’s boat sank […]
Va. Cir.: Bond company under investigation must produce client information
A bond company under state investigation for consumer-protection violations has no basis to demand a confidentiality agreement before turning over its client information to the Commonwealth. Although the company said some disclosures might reveal clients’ immigration information and other personal information to federal officials, no legal basis existed to support a confidentiality requirement. [...]
Fired Association Exec Claims Defamation
In plaintiff’s suit challenging his termination, the Richmond Circuit Court overrules defendant Virginia Automobile Dealers Association’s demurrers to plaintiff’s claim for defamation and for actual fraud, but sustains the demurrers to his claim for fraud in the inducement and for breach of contract. Fraud claims Plaintiff specifically alleged that defendant Hall’s statements were “fals[...]
Woman stopped treatment for blood disease – Defense Verdict
Plaintiff, 55, suffered from amyloidosis with renal involvement, a rare blood disease for which no cure exists. She underwent chemotherapy and a successful stem cell transplant in April 2012. On June 17, 2012, the patient was re-admitted with fever of unknown origin and other non-specific symptoms. During her readmission, the patient was seen by multiple […]
Supreme Court to consider redistricting ‘contempt’
The Supreme Court of Virginia has agreed to take up a lower court’s ruling that state legislators were in contempt of court for failing to disclose emails related to the 2011 remapping of the state’s Senate districts. The court on Wednesday granted a joint request from the parties to bypass the Court of Appeals of […]
No Stay for State Redistricting Challenge
A Richmond Circuit Court denies a motion to stay proceedings in this Virginia constitutional challenge to a state legislative redistricting plan, as the federal constitutional challenge to the plan pending in federal district court does not involve the same parties or legislative districts; the court also denies motions to quash subpoenas duces tecum, holding that […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
