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Tag Archives: Tort

4th Cir.: Agency head has qualified, not absolute, immunity (access required)

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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EDVA: Affirmative defense not provable without expert testimony (access required)

Plaintiff Robert Benedict sues Hankook Tire Company for the production and distribution of an allegedly defective tire. Benedict seeks summary judgment as to the Defendants’ affirmative defense of contributory negligence. Expert opinions lacking The standard of care applicable in this case is ...

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EDVA: Abu Ghraib abuse suit proceeds against contractor (access required)

Nearly 10 years after the action was first initiated, and following numerous motions for reconsideration and interlocutory and direct appeals, plaintiffs asserting claims under the Alien Tort Statute can proceed to discovery against a contractor whose employees allegedly abused and ...

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SCV: Speculation on decedent’s reasoning inadmissible (access required)

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

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Va. Cir.: Qualified immunity doesn’t bar gross negligence (access required)

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

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SCV: Expert testimony didn’t show causation in med-mal suit (access required)

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

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Va. Cir.: Qualified immunity doesn’t bar gross negligence (access required)

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

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Eastern District of Va.: No immunity for sexual-assault accuser (access required)

In a defamation suit, Defendant Jane Roe was not entitled to immunity for her statements in university proceedings accusing Plaintiff John Doe of sexual assault, though the court advised that the issue could be revisited at a later stage. The ...

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SCV: Affirmative defense triggers indemnity clause (access required)

By asserting that a contractor’s employee’s own fault contributed to her slip-and-fall, Appellant Dominion Nuclear Connecticut triggered its indemnity agreement with the contractor, Appellee Securitas Security Services USA, the high court held. Jennifer Brandenburg, a Securitas employee, allegedly slipped and ...

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