Quantcast
Home (page 4)

Tag Archives: Tort

SCV: Mold statute doesn’t foreclose common law claims (access required)

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Read More »

Va. Cir.: Amended anti-SLAPP fee provision not retroactive (access required)

A Yelp reviewer who successfully defended against defamation claims couldn’t claim attorneys’ fees under Va. Code § 8.01-223.2 because 2017 amendments weren’t retroactive, a Virginia circuit court held. Background Defendant Jeremiah Jones retained Plaintiff Will Nesbitt Realty LLC to assist him in renting a ...

Read More »

Va. Cir.: Driver’s statements to insurer discoverable (access required)

A defendant driver said in his deposition that he couldn’t remember key details of a car crash, but his pre-suit description of the crash to his insurance company was not entitled to work-product privilege. Background Plaintiff Angel Monterrozo was injured ...

Read More »

WDVA: Despite state-law issues, abstention not warranted (access required)

Plaintiffs seeking to have their insurance company defend and indemnify them in underlying defamation actions in Virginia state court didn’t present any “good reason” for the federal court not to exercise diversity jurisdiction to interpret their policy coverage. Background Rickey ...

Read More »

WDVA: Fire & rescue contractor immune from ambulance-crash claims (access required)

In a negligence action following the plaintiff’s collision with an ambulance, the volunteer driver’s company was an instrumentality of the state and, thus, exempt from liability arising from its contract with Frederick County. Background Defendant Gore Volunteer Fire Company provides ...

Read More »

EDVA: All claims fail in sex-abuse fallout litigation (access required)

After reports of sexual misconduct appeared in the Washington Post, a private school sued its former executive director for allegedly sharing sensitive documents with the paper, and she counterclaimed based on the circumstances of her resignation. No reasonable jury could ...

Read More »

Va. Cir.: Owner should have known hazard of unmarked step (access required)

After tripping and injuring herself on her way out of a commercial building, a plaintiff won a $60,000 verdict against the building’s owner. The jury found that the step was in an unsafe condition that the owner should have known ...

Read More »

EDVA: Party thwarting jurisdiction not “fraudulently joined” (access required)

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

Read More »

SCV: Continuing objection too general to preserve error (access required)

After unsuccessfully requesting a foreseeability instruction to the jury, the plaintiff – attempting to avoid numerous objections during the defense’s closing argument – obtained permission to enter a continuing objection, but failed to object with sufficient specificity as to any ...

Read More »

SCV: Product redesign proposals must be safer overall (access required)

Although the estate of a plant worker crushed by a lift truck offered a truck redesign that could have prevented that particular worker’s death, there was no evidence that the redesign would lead to fewer total deaths. Thus, the jury’s ...

Read More »