Where a deaf man alleged that hospital employees knew of a substantial likelihood that he would be unable to communicate without an appropriate auxiliary aid during his child’s birth, yet still made a conscious choice not to provide one, his ...

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

Where the City of Bristol (Tennessee) alleged that the City of Bristol (Virginia)’s operation of a municipal landfill supported a claim for public nuisance, Bristol Virginia’s motion to dismiss was denied. Although the Virginia city argued the common-law claim had ...

Tagged with: Judge James P. Jones Tort U.S. District Court - Western District

Where a man alleged the Department of Veterans Affairs, or VA, improperly released his medical records to the Virginia Department of Motor Vehicles, or DMV, his suit was dismissed. There is no private right of action for improper records disclosure ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Where two insurance companies sued for alleged breaches of fiduciary duties argued that the liquidating trustee lacked statutory standing under the Employee Retirement Income Security Act of 1974, or ERISA, their arguments were rejected. The company, as Plan administrator, operated ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Where a man sued a Commonwealth prosecutor for damages arising out of his allegedly unlawful arrest and continued prosecution, the prosecutor was entitled to immunity. In refusing to dismiss the charges and arguing against bond, the prosecutor exercised “the kind ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where the wife and a company owned by a man who allegedly engaged in a “rent-a-tribe” scheme in order to make usurious short-term loans moved to dismiss for lack of personal jurisdiction, their motion was denied. The complaint plausibly alleged ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where a company alleged that Lockheed Martin and other defendants conspired to “cut it out” as the broker for a large, complex international military procurement transaction, but the court lacked subject matter jurisdiction over the tort claims, and the antitrust ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Tort

Where an unhappy litigant sued to have a federal judge disciplined or disbarred, his suit was dismissed. Virginia law does not allow a private individual to bring an action in Virginia courts to discipline an attorney. And the judge was ...

Tagged with: Judge Deborah K. Chasanow Tort U.S. District Court - Eastern District

Where a student dismissed from the East Carolina University School of Social Work’s Master’s Degree program sued the university alleging that its decision discriminated against her in violation of the Americans with Disabilities Act, or ADA, the university was granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Tort

Where employees working for the subcontractor of a government prime contractor accepted more than $1 million in kickbacks, a civil penalty in that amount was imposed against the government contractor under the strict liability provision of the Anti-Kickback Act. Background ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District