Jul 27, 2019

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, […]

Jul 21, 2019

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 […]

Jul 8, 2019

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 […]

Jul 8, 2019

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 […]

Jul 8, 2019

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 […]

Jun 30, 2019

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 […]

Jun 15, 2019

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 […]

May 28, 2019

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 […]

May 22, 2019

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 […]

May 22, 2019

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 […]

May 13, 2019

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 […]

May 13, 2019

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 […]

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