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Rule 60 motion was filed too late
Where a man filed a Rule 60(b)(3) motion for reconsideration more than two years after his negligence lawsuit was dismissed, the reconsideration motion was dismissed as untimely. Background In November 2018, Tony Perez Welch filed a negligence suit against defendants in the circuit court, alleging that he was injured in an automobile accident in the […]
Nonprofit directors immune from ex-employees’ claims
Where uncompensated directors of a nonprofit organization did not engage in “willful misconduct or a knowing violation of the criminal law,” they were immune from claims by former employees under the Virginia Nonstock Corporation Act, or VNCA. Background Patients Out of Time, or POT, is a nonprofit organization. Michael Aldrich, Denis Petro, Irvin Rosenfeld, Melanie […]
City, employees immune from whistleblower claims
Where a woman alleged that the City of Lynchburg, its fire chief and its city manager violated Virginia’s Fraud and Abuse Whistle Blower Protection Act, the defendants were entitled to sovereign immunity against this claim. Background Mary Lynn Shumate alleges that the City of Lynchburg violated Title VII of the Civil Rights Act of 1964 […]
Experts excluded in condemnation damages suit
Where two of the landowners’ experts in a condemnation damages suit provided opinions that were unreliable, and a third expert failed to provide a required report, they were excluded from the trial. Background Mountain Valley Pipeline, or MVP, is constructing an interstate natural gas pipeline. MVP commenced a condemnation action under the Natural Gas Act […]
Judgment entered against company for horse’s death
Where an equine transport company was sued for its alleged negligence in the death of a show horse, and the horse’s owner alleged that the company made material misrepresentations about its “superior insurance coverage for equine transport,” the company was liable for its constructive fraud. Background A show horse named Elton, who was owned by […]
Bank dodges claim for customer’s in-person transfer
Where a customer went to her bank and requested transfers of money, because a person who later turned out to be a fraudster told her to make the transfers, this claim against the bank was dismissed. Under Va. Code § 8.4A-202(a), the customer bears the responsibility for “authorized” fraudulent transfers. Background Janice Carter filed suit […]
Jury to decide who is on hook for $207K loss
Where two companies were both victimized by a fraudster, resulting in a $207,000 loss suffered by one of the companies, a jury will decide which one failed to act reasonably in preventing the fraud and who, if either, was most at fault for enabling the fraud. Background The LCF Group Inc. purchases future receivables of […]
Woman claims hospital did not offer appropriate exam
Where a woman alleged that she went to a hospital emergency room with infected sores and a variety of symptoms, but that she did not receive the type of screening that the hospital would ordinarily conduct for patients with the same symptoms, she plausibly alleged a claim for violation of the Emergency Medical Treatment and […]
Board members accused of political patronage
Where the former General Registrar of the City of Lynchburg alleged that two members of the Lynchburg Electoral Board voted not to reappoint her because of political patronage, such a decision constitutes an ongoing violation of federal law that falls squarely within the ambit of Ex parte Young. Background Betty Ann Gibbs and Steven Troxel, […]
Woman can’t overcome proof she agreed to arbitration
Where a woman claimed that she did not sign an agreement requiring her to arbitrate her claims against her former employer, but she failed to offer specific evidence to refute that she electronically signed the agreement, the court found that the arbitration agreement is valid, binding and enforceable. Background Erika Jacobs, proceeding pro se, filed […]
Arbitration clause enforced against contractor
Where a woman agreed to arbitrate “any and all disputes between the Parties” when she signed on to a mobile app owned and administered by Walmart that allows independent contractors to provide shopping and delivery services for retailers and consumers, the agreement to arbitrate applied to the claims the woman brought against Walmart arising out […]
Injunction seeking to keep access to mifepristone denied
Where abortion providers in Virginia, Kansas and Montana sought an injunction to maintain access to mifepristone in those states, but they offered no evidence that the Food and Drug Administration, or FDA, intends to restrict the access of the drug in those states, their motion was denied because they didn’t demonstrate irreparable harm. Background In […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
