Free Newsletter
Court rejects commonwealth’s ‘misunderstanding’ of VTCA
The Court of Appeals of Virginia has affirmed a trial court’s denial of the commonwealth’s plea for sovereign immunity from liability under the Virginia Tort Claims Act, or VTCA, for the negligent conduct of its employees. The commonwealth claimed that the VTCA didn’t waive immunity where the allegedly tortious conduct arises from the performance of […]
FTCA suit barred by sovereign immunity
A federal court in Virginia has dismissed the claim of a woman who entered a naval base and was injured when a guard activated a security barrier. Judge Mark S. Davis of the Eastern District of Virginia found the woman’s Federal Tort Claims Act, or FTCA, claim was barred by sovereign immunity, because the guard’s […]
Sovereign immunity offers protection for doctor who treated DADC inmate
The Supreme Court of Virginia affirmed a lower court’s ruling concluding that a doctor who treated inmates in a Virginia correctional center was protected by derivative sovereign immunity. The state’s high court also granted the doctor’s demurrer to a gross negligence claim, affirming the lower court’s judgment that the claim was “insufficiently pleaded.” The doctor […]
IRS can’t be sued for negligent refund processing
Where the Internal Revenue Service, or IRS, negligently deposited a tax refund into a fraudulent account despite being warned in time to stop it, a taxpayer’s negligence suit was barred by sovereign immunity. The government moved to dismiss on the grounds that issuing refunds is related to the “assessment or collection of taxes,” which is […]
Fairfax County blocks suits with sovereign immunity
The county attorney’s office in Fairfax has three notches on its belt with recent wins using the sovereign immunity defense. In three different injury claims, judges in Fairfax and Alexandria have extended the protection of the doctrine of sovereign immunity to Fairfax County employees, including police officers in two cases. The doctrine is a “harsh […]
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
