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Tag Archives: Tort

EDVA: No tortious interference without contractual expectancy (access required)

In protracted trade-secrets litigation, claims by successor organizations to a government subcontractor failed to demonstrate a valid contractual expectancy that could support their claims of tortious interference with a business expectancy. Background Plaintiffs L-3 Communications Corp. and L-3 Applied Technologies ...

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WDVA: Plaintiff couldn’t prove notice of hazard (access required)

Defendant Wal-Mart Stores seeks summary judgment in this slip-and-fall case. Virginia law applies. The only evidence in the record is the deposition testimony of Plaintiff Mary Diggs and her companion at Wal-Mart on the day in question. The facts drawn ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

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4th Cir.: Agency head has qualified, not absolute, immunity (access required)

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

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EDVA: Company could be liable for employee fraud (access required)

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

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EDVA: Affirmative defense not provable without expert testimony (access required)

Plaintiff Robert Benedict sues Hankook Tire Company for the production and distribution of an allegedly defective tire. Benedict seeks summary judgment as to the Defendants’ affirmative defense of contributory negligence. Expert opinions lacking The standard of care applicable in this case is ...

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EDVA: Abu Ghraib abuse suit proceeds against contractor (access required)

Nearly 10 years after the action was first initiated, and following numerous motions for reconsideration and interlocutory and direct appeals, plaintiffs asserting claims under the Alien Tort Statute can proceed to discovery against a contractor whose employees allegedly abused and ...

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SCV: Speculation on decedent’s reasoning inadmissible (access required)

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

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Va. Cir.: Qualified immunity doesn’t bar gross negligence (access required)

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

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SCV: Expert testimony didn’t show causation in med-mal suit (access required)

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

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