Where the plaintiff’s allegations focused on an alleged false arrest, but he did not plausibly allege how the officer seized him “pursuant to legal process,” his malicious prosecution claim was dismissed. Background On June 7, 2019, Craig Graves filed a ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

Where the disabled resident alleged that she was denied a handicap parking space, and that the property manager failed to clean pet waste that exacerbated her respiratory issues, she plausibly alleged a claim under the Fair Housing Act. The same ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Where the plaintiff sued her attorney for negligently representing her in a divorce action, and the defendant claimed a prior attorney was responsible, the former attorney was not a necessary party who needed to be involuntarily joined, even if he ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a school board moved for sanctions against the plaintiff in state court, her federal suit against the school board, its outside law firm and the attorney was dismissed because the sanctions motion did not violate the Americans with Disabilities ...

Tagged with: Judge John A. Gibney Jr. Tort U.S. District Court - Eastern District

Where a man alleged a post office employee intentionally exposed him to contact with an abnormally loud horn that caused hearing loss and tinnitus, the suit was dismissed because the gravamen of that claim sounds in battery, and the United ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Pamela A. Harris Tort

Where the defendants allegedly promised to finance the plaintiff’s purchase of real property, but never provided the promised funds, the claims for fraud, fraudulent misrepresentation and tortious interference with contract survived the motion to dismiss. Background In 2018, Potomac Auto ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Where the Consortium for Independent Journalism sued Global News, a Canadian publisher, for allegedly accusing it of being part of a cyber-influence campaign directed by Russia, Global News did not target Virginia with its articles, and the fact that the ...

Tagged with: Judge Anthony J. Trenga Tort U.S. District Court - Eastern District

Where an ophthalmologist alleged defendants fraudulently guaranteed geographic exclusivity of a medical device, his suit was dismissed because there is no claim for “constructive fraud by omission” in Virginia. Fraud by omission requires that the nondisclosing party deliberately fails to ...

Tagged with: Judge Thomas T. Cullen Tort U.S. District Court - Western District

Where a plaintiff suing Alex Jones, InfoWars and two other parties for libel sought all documents regarding prior libel or defamation suits involving the defendants for the past 10 years, its motion to compel was denied because the request was ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a female student accused a male student of sexual misconduct, a jury will decide if a Washington & Lee University hearing panel’s determination was predicated on biased assumptions regarding the sexual preferences of men and women. Background John Doe ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District