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Settlement reached in 2011 sexual assault case – $10,927,299 Settlement
In September 2011, KML was a lonely 13-year-old who went on a chat line for 13-17-year-olds. She agreed to meet a person who said he was 17, but when KML went to the meeting place, it was Donald Hugh Owen Jr., 52, who took her into his car and sexually assaulted her. Within a month, […]
Court dismisses claims against Navy officers and Defense personnel
The defendants were acting within the scope of their employment when they investigated complaints that plaintiff abused and neglected his three minor children while stationed on an overseas military base. Background Barry Doe claims officers of the United States Navy and employees of the Department of Defense conspired to seize, interrogate and batter his three […]
Accrediting council not liable for school’s denial
An accrediting council did not violate due process, breach a contract or engage in tortious interference when it denied an application for renewal of accreditation filed by a West Virginia business. Background West Virginia Business College Incorporated, or WVBC, and John Tarr filed this action on April 9, 2018, against Accrediting Council for Independent Colleges […]
Claims against CEO for alleged business torts to proceed
A CEO whose company employed a person allegedly bound by restrictive covenants has been sued by the former employer for tortious interference with contract and business expectancies, statutory conspiracy and aiding and abetting a breach of fiduciary duty. Background The amended complaint asserts claims by TechINT Solutions Group LLC against its former employee and previous […]
No jurisdiction over purchaser of manufacturer of allegedly defective product
A woman claiming she was injured by a right hip implant failed to demonstrate a defendant that purchased the company that manufactured the allegedly defective product was subject to personal jurisdiction in Virginia. Background On or about Jan. 11, 2010, plaintiff Leslie Mondul underwent a right total hip replacement surgery in which a M2A Magnum […]
Suit against prime contractor for Air Force remanded
A subcontractor that alleged a prime contractor for the Air Force conspired with another company to deprive it of work failed to establish tortious interference and aiding and abetting claims. The case was remanded. Background In 2004, the Air Force awarded a prime indefinite delivery indefinite quantity contract to Serco Inc. It required that Serco […]
Rail worker hurt on bridge covered by FELA, not LHWCA
Although an employee was injured on a bridge spanning navigable waters, the location of the injury was insufficient to trigger coverage under the Longshore and Harbor Workers’ Compensation Act, or LHWCA. Background Kenneth Muhammad, a railroad employee, was injured while replacing railroad crossties on a bridge spanning navigable waters. When Muhammad filed a negligence claim […]
Class certified in suit against paper mill
A group of neighborhood residents suing a West Point paper mill for trespass and nuisance – based upon allegations that large amounts of wood dust from the paper mill invades their land, home and cars – can proceed as a class action because their claims and proof on liability are sufficiently similar and the other […]
Business tort claims to be decided by jury
Because there were disputed issues of material fact on multiple claims, including one for violation of the Defend Trade Secrets Act (DTSA), a jury will decide if a former employee misappropriated trade secrets or misused confidential information and used them against his former employer. Background Keystone Transportation Solutions LLC filed this action against Northwest Hardwoods […]
Settlement related malpractice claim plausible
A former client who alleged her attorney failed to make certain arguments, present certain evidence and negotiate certain terms in her divorce settlement had the majority of her malpractice claims, and all of her other tort claims, dismissed by the court because they were not plausible. A single claim – that the attorney settled the […]
Protestor, accused of conspiracy, could sue for defamation
An individual accused of being part of a deep state conspiracy to orchestrate violence in Charlottesville after he posted a video recording showing someone driving a vehicle into a crowd of protesters had a valid defamation claim against defendants who authored and published those accusations for defamation, but he did not suffer sufficient harm to […]
Guard’s lawsuit blocked by qualified immunity
A security guard who successfully defeated state and federal charges relating to possession of a firearm failed in his second suit, against the officials involved in his first prosecution, because those persons were entitled to qualified immunity and because their prior actions were not unlawful. Background A series of state and federal charges were brought […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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