Statements contained in appellant’s disciplinary form lacked the requisite “sting” to be actionable as defamation. Further, any republication of the statements and other statements made in proceedings before the Virginia Employment Commission are absolutely privileged. Overview Appellant Shannon was the ...

Tagged with: Chief Justice Donald W. Lemons Supreme Court of Virginia Tort

Where an operator has complied with the water-quality standards promulgated under the Clean Water Act, an assertion that same conduct violates the Surface Mining Act fails because the Mining Act’s saving clause prevents liability for conduct that is otherwise shielded ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Tort

Where the company operating a prison argued it was entitled to summary judgment on a claim arising out of a guard’s sexual assaults of an inmate assigned to the laundry, because the guard was supervising the inmate during each of ...

Tagged with: Judge Mark S. Davis Tort U.S. District Court - Eastern District

Defendant’s statements to the press about plaintiff’s legal advice to the Portsmouth City Council lacked the necessary sting to support his defamation suit. Background Plaintiff is Portsmouth’s former city attorney. Defendant is the former mayor. Plaintiff’s complaint alleges that after ...

Tagged with: Judge Everett A. Martin Jr. Norfolk City Circuit Court Tort Virginia Circuit Courts

Where the plaintiff’s critical comments were removed from the Frederick County School Board’s Facebook page and one employee allegedly said he removed them because they violated FCSB’s terms and conditions, the plaintiff pleaded a viable failure-to-train claim. Background On Feb. ...

Tagged with: Judge Thomas T. Cullen Tort U.S. District Court - Western District

Where a lessee allegedly failed to pay for construction of a solar farm on real property it had leased, mechanic’s liens filed against the landlord were dismissed because the landlord had no property interest in the portion of the property ...

Tagged with: Judge Thomas T. Cullen Tort U.S. District Court - Western District

A libel suit brought by Rep. Devin Nunes, R-Calif., against The Washington Post and a DC-based reporter was transferred to DC federal district court because there was no “substantial connection” to Virginia, the parties and witnesses were based in DC ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Where a man’s second wife alleged that his four adult children and a Henrico county police officer conspired to kick her out of her home and take her personal items, three of the children and the officer were unable to ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Where two residents claim that after they wrote a letter to other residents about their rights to a smoke-free and drug-free property and the letter was cited as a reason for their eviction, they plausibly alleged a claim for retaliation. ...

Tagged with: Judge M. Hannah Lauck Tort U.S. District Court - Eastern District

A VA patient who was seduced into entering a sexual relationship with his therapist may pursue claims that the VA negligently supervised the therapist. The court joined other circuits in holding that discretionary function exception does not categorically bar negligent ...

Tagged with: 4th U.S. Circuit Court of Appeals Tort