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Tort

Sep 28, 2025

Tort: Trade secrets claim filed too late

Where a company filed a Defend Trade Secrets Act claim against its former employee more than two years after it had knowledge of his alleged misappropriation, the claim was time barred.

Sep 15, 2025

Suit against child-protective service employees is dismissed

Where a man accused of abusing his sister identified no common law duty in tort that local child-protective services employees owe to notify alleged abusers of the charges against them or to provide copies of the records used to make a founded disposition, his suit was dismissed.

Jun 16, 2025

Tort: Homeowners sue their insurer for trespass

Where homeowners alleged that a contractor entered their property without notice and in contravention of prior instructions, but the contractor was an independent contractor, the insurer’s motion to dismiss the trespass claim was granted.

Walmart store exterior (wolterke/Deposit Photos)
Jun 16, 2025

Dismissal of Walmart shopper’s malicious prosecution claim affirmed

Virginia Court of Appeals affirms dismissal of malicious prosecution suit, ruling Walmart had probable cause based on surveillance video evidence.

Jun 1, 2025

Tort: DTSA lawsuit is dismissed

Where one mortgage company sued another mortgage company, alleging it violated the Defend Trade Secrets Act after it hired the plaintiff’s employee, but the complaint and attachments did not plausibly show misappropriation of trade secrets, this claim was dismissed.

Jun 1, 2025

Tort: Wal-Mart had probable cause to prosecute man for shoplifting

Where video showed a man concealing products and swapping them in boxes, Wal-Mart had probable cause to prosecute him for shoplifting. As such, it prevailed on the man’s malicious prosecution claim.

May 27, 2025

Tort: $150,000 libel judgment is affirmed

Where a defamation plaintiff introduced additional statements by the defendant about the plaintiff – including that the plaintiff was a terrorist, that the defendant wanted to “unleash hell” on the plaintiff and contemplated interfering with the plaintiff’s business – the trial court did not err in admitting these statements. This evidence made the existence of actual malice “more prob[...]

May 27, 2025

Tort: $20 million judgment in stepdaughter abuse case

Where the stepfather argued his demurrer to the assault and battery, sexual assault and battery and aggravated sexual assault and battery claims should have been sustained because the complaint did not plead a lack of consent, but the victim was unable as a matter of law to consent due to her age (16-17), the demurrer was properly denied.

Bus MAIN
May 27, 2025

School board immune from negligence suit

A school board was entitled to immunity from a negligence suit stemming from an alleged attack on an autistic child on a school bus because the plaintiff’s injuries did not relate to the operation of the bus, the Supreme Court of Virginia has held in reversing a Circuit Court decision.

May 19, 2025

Tort: School Board immune from autistic student’s gross negligence claims

Where a lawsuit alleged a non-verbal autistic child was struck, insulted and allowed to leave a school bus partially unclothed, the circuit court erred when it denied the School Board’s sovereign immunity plea in bar. Although an exception applied where a vehicle owned, operated or insured by a school board was “involved in an accident,” the alleged incidents here did not fall within that ex[...]

May 12, 2025

Tort: Company sues over allegedly false statements about talc and cancer

Where the court previously held that a company alleged facts plausibly supporting a claim for product disparagement against three individuals who claimed to have identified 75 previously unreported subjects with mesothelioma who had no known exposure to asbestos except for use of cosmetic talc, the defendants’ motion for reconsideration was denied.

Apr 28, 2025

Tort: Executive’s breach of fiduciary duty results in $2 million judgment

Where there was a legally sufficient evidentiary basis to support the jury’s verdict that an executive breached his fiduciary duties, the $2 million judgment was affirmed.

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