Quantcast
Home (page 9)

Tag Archives: Tort

WDVA: Cabela’s customer stated claims against off-duty officers (access required)

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

Read More »

Va. Cir.: Attorney, but not client, evades sanctions for frivolous suit (access required)

A plaintiff suing for $4.75 million on a groundless defamation claim is liable for a proportion of the defendant’s litigation fees and costs. The plaintiff’s attorney was not subject to sanctions, as she relied on her client’s information until she ...

Read More »

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 »

SCV: Birth mom didn’t allege knowing interference (access required)

After apparently consenting to adoption by an employee of the delivering hospital, a mother could not prevail on claims that the hospital, its doctors, and the employee’s attorney had tortiously interfered with her parental rights. She never alleged that these ...

Read More »

4th Cir.: Economic loss rule erases conversion win (access required)

A defendant on the hook for almost $2 million in compensatory and punitive damages for conversion is entitled to judgment as a matter of law, since the plaintiffs’ conversion claim was based entirely on losses covered by the parties’ contract. ...

Read More »

Va. Cir.: Discoverable info includes entire care history (access required)

The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought ...

Read More »

4th Cir.: Rule 9 particularity applies to fraud-based defenses (access required)

An employer’s collective bargaining impasse rights did not override its ERISA obligations to employees hired post-impasse. The employer also didn’t plead its fraud-dependent affirmative defenses with sufficient particularity. Background Appellant Just Born II Inc. and the Bakery, Confectionary and Tobacco ...

Read More »

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 »