Where an Augusta County deputy sheriff shot a woman’s dog, asserting a claim of self-defense, the deputy’s acts were reasonable and is entitled to qualified immunity. Background Defendant Michael Roane is an Augusta County deputy sheriff. Roane shot and killed ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Judge Ivan D. Davis Tort U.S. District Court - Eastern District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Judge Ivan D. Davis Tort U.S. District Court - Eastern District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Contract Judge Mark Davis Property Tort U.S. District Court - Eastern District

Two publications purporting to reveal widespread voter fraud have given rise to a viable lawsuit. The published materials (called Alien Invasion I and II) allegedly reported falsely that specific individuals, identified by name and other personal information, had registered and/or voted illegally in ...

Tagged with: Civil Rights Constitutional Defamation Elections Judge Liam O'Grady Personal Injury Tort U.S. District Court - Eastern District

Rain-induced sediment flows that have overcome Mountain Valley Pipeline’s erosion controls might not recur in the future, especially in light of heightened oversight by state and federal agencies. Therefore, preliminary injunctive relief is not appropriate. Background The Plaintiffs are landowners ...

Tagged with: Environmental Judge Elizabeth K. Dillon Real Estate Real Property Tort U.S. District Court - Western District

The plaintiff, a former executive, survives summary judgment on several claims arising from her treatment by the company’s CEO during and after a volatile intimate relationship involving threats and abusive behavior. Her husband’s separate claim for Title VII retaliation can ...

Tagged with: Employment Employment Discrimination Judge T.S. Ellis III Personal Injury Tort U.S. District Court - Eastern District

A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Richard M. Gergel Personal Injury Premises Liability Tort Unpublished Opinion

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

Tagged with: Arbitration Business Law Civil Procedure Contract Judge Norman K. Moon Tort U.S. District Court - Western District

A woman and her mother sufficiently alleged defamation by a Golden Corral server, who publicly accused them of hiding food in their purses. But the court dismissed their claim for contract interference on account of their race and also struck ...

Tagged with: Civil Procedure Civil Rights Defamation Judge Elizabeth K. Dillon Tort U.S. District Court - Western District