An administrator was not entitled to compensation for her role in pursuing the wrongful death claim and bringing the case to a beneficial settlement because the Virginia Code does not provide for such a distribution to be made. Background Plaintiff ...

Tagged with: Judge Rebecca Beach Smith Tort U.S. District Court - Eastern District

Police officers who waited more than two minutes before allowing a lifeguard to rescue the plaintiff who was suffering a psychotic episode, are nevertheless entitled to qualified immunity as no clearly established law put the officers on notice that such ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

Plaintiffs who prevailed on their contract claim against the defendant and were awarded more than $28 million in damages could not now sue the same defendant for essentially, fraudulently breaching the contract. Because the gravamen of the suit sounded in ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Tort

A housekeeper who was repeatedly raped by the husband of a U.S. State Department employee while working at the U.S. embassy in Yemen obtained a $3 million judgment against the wife. Although the wife argued that, because the abuse occurred ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Robert B. King Tort

An infant, born at Langley Air Force Base in Hampton, filed a claim under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. A second FTCA claim was filed on behalf of the infant’s mother and service member. ...

Tagged with: Million-Dollar Settlements Tort

The MDL court will decide whether numerous suits brought by Virginia localities against persons and entities they allege are responsible for opiate-related damages will proceed in federal court or state court. Background This opinion is being entered in 12 cases ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Although an individual defendant filed for bankruptcy protection after allegedly striking the plaintiff with his car and his insurance carrier interpled all relevant proceeds into the state court, he was not a “nominal” party for purposes of diversity jurisdiction and ...

Tagged with: Judge Jackson L. Kiser Tort U.S. District Court - Western District

A test taker who failed an exam offered by the defendant could not sue that defendant for “willful tort” because the plaintiff previously agreed to resolve her claims against the defendant in a binding settlement agreement. Background The following facts ...

Tagged with: Judge Glen E. Conrad Tort U.S. District Court - Western District

Where the parents of a man killed by police officers filed an administrative claim before they were appointed their son’s executors, they failed to exhaust their remedies and their wrongful death suit is dismissed for lack of subject matter jurisdiction. ...

Tagged with: Judge Claude M. Hilton Tort U.S. District Court - Eastern District

A plaintiff did not have a fraud claim where it learned that certain compounds were not promising before filing patent applications for them and did not have a negligent misrepresentation claim where the defendant was honest about the testing methods ...

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