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Defense Dep’t prevails in gun database suit
In rejecting an attempt by New York, Philadelphia and San Francisco to compel the Department of Defense to provide information to a national database regarding current and former service members who are disqualified from owning a gun, the court found the plaintiffs failed to establish subject matter jurisdiction under the Administrative Procedure Act. Background Appellants […]
SC lacks standing to sue U.S. over nuclear facility
The State of South Carolina obtained an injunction against the Department of Energy’s plan to terminate the construction of a nuclear facility in the state. On appeal, the court vacated the injunction, concluding the state lacked standing as its claims of harm caused by exposure to radiation and terrorism are too speculative, and not ripe […]
Taxpayer failed to show assessments were erroneous
Where a taxpayer fails to show that county assessments were not arrived at in accordance with generally accepted appraisal practices, the county’s assessments stand and the taxpayer’s request for relief is denied. Background Petitioner alleged Fairfax County erroneously assessed land in Kingstowne Town Center for tax years 2012-15. The property in question is the last […]
CAV: City’s challenge to oyster-farming lease fails
The City of Virginia Beach, which intended to perform dredging in the Lynnhaven River as a matter of public interest, could not do so in an area where a citizen had obtained a riparian lease for oysters. The City claimed the lease was an effort to frustrate its dredging project. Background The City of Virginia […]
SCV: Auto graveyard affirmed as lawful non-conforming use
The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that vehicles stored there for decades never had in fact been removed. Because the non-conforming use […]
CAV: Self-help moots remedies sought for deficient roof work
No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer. After a second contractor made fixes, there was nothing for the city to inspect and no opportunity for the first roofer to cure. Background In December 2015, Appellants Cynthia and Richard Owens […]
EDVA: Prosecutor, officer face malicious-prosecution claims
An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background In 2014, Plaintiff Stephen King was charged with trespassing. He sought testimony on his behalf […]
4th Cir.: Slurs read aloud didn’t create hostile environment
A prosecutor who read racial slurs aloud from potential evidence, which he was evaluating at a pre-trial meeting, did not create a hostile work environment for the black police officers in the room. Even if such conduct could give rise to liability for race discrimination, the prosecutor’s conduct would be entitled to absolute immunity. Background […]
4th Cir.: City had no duty to protect public from unruly kids
Despite not providing school transportation to students with known disciplinary problems, municipal entities had no duty to stop the students from harming residents of the neighborhoods the students traversed to reach school. Background Richard Fletcher and his wife lived just down the street from an alternative school in Baltimore, where some students have criminal records […]
Va. Cir.: City’s red-light cameras constitutional
A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing state statute. Background Defendant Tawana Cooper received a Notice of Violation from the City of […]
4th Cir.: City worker’s Title VII retaliation claim revived
Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August 2013, the City of Laurel hired Plaintiff Felicia Strothers, a black woman, as an administrative […]
WDVA: Fired county employee’s First Amendment claim is triable
A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford County Republican Party meeting in October 2014, Plaintiff Gerald Craig voted to censure three of […]
Verdicts & Settlements
- 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
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
