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‘Grossly out of proportion’: HOA can’t tear down noncompliant homes
The Western District of Virginia held that it would be “grossly out of proportion” to allow a homeowner’s association, or HOA, to destroy three homes that were built without approval of its architectural review board that didn’t exist at the time.
‘Hyperbolic opposition’ to vaccine views not actionable
A doctor’s claims that a Washington Post article defamed him have been dismissed by the Western District of Virginia because the challenged statements regarded a matter of public concern and weren’t made with actual malice.
University awarded costs after defeating retaliation suit
Where the court previously granted Liberty University’s motion for summary judgment on the basis that a former employee did not engage in protected activity, Liberty University was awarded its requested costs, other than the cost of a private process server. Background After this court awarded summary judgment in favor of Liberty University, it filed a […]
Court can’t dismiss specific remedy under Rule 12(b)(6)
Although the plaintiff improperly included a request for attorney’s fees in a suit for negligence arising from a motor vehicle accident, the defendants’ motion to dismiss that request was denied because Rule 12(b)(6) does not permit the court to dismiss a specific remedy sought in a complaint, such as a request for attorneys’ fees. Background […]
Ex-employee claims drugmaker defrauded government
Where a former employee plausibly alleged that a drugmaker violated the False Claims Act, or FCA, by fraudulently reporting to the government the best price of a prescription drug subject to such reporting, but she failed to plead facts showing these defendants presented any claims to the government for reimbursement, she will have an opportunity […]
Guard dismissed from excessive force suit
Where the factual allegations in a detainee’s excessive force suit demonstrated that a guard’s use of force was reasonable under the circumstances, and that the detainee did not suffer any serious injury, the guard was dismissed from the suit. Background Jonathan Edward Davis brought this suit against the New River Valley Regional Jail Authority, the […]
Jail dodges detainee’s excessive force claim
Where a detainee alleged that a prison guard had “at least two previous instances involving violence against inmates,” these allegations were insufficient to demonstrate that the alleged excessive force by the guard against the detainee was “widespread” and “so frequent in occurrence” as to imply constructive knowledge and infer a custom by the jail. Background […]
Superintendent dismissed from detainee’s suit
Where a detainee sued a jail superintendent for injuries the detainee allegedly sustained as a result of an encounter with a guard, but there were no specific factual allegations that the superintendent knew or should have known about the unconstitutional conduct of the jail’s officers, he was dismissed from the suit. Background Jacob Dylan Green […]
Court won’t order owners to destroy houses
Where a homeowners’ association argued the court should order homeowners to tear down houses allegedly built in violation of the association’s covenants and restrictions, the court refused. Demolition of their homes would be grossly out of proportion with the relief sought. Background Thomas Jefferson Crossings Homeowners’ Association Inc., or TJCHOA, sued Mansour Etemadipour and Nick [&hell[...]
Court dismisses suit by disgruntled students
Where several students at Liberty University sued for a refund of various fees and room and board they paid for a semester when the school was closed because of COVID-19, but the named plaintiffs had been refunded more than their claimed damages, that mooted their claims. Background In this putative class action, several students at […]
Ex-business partners each claim other breached contract
Where parties who were formally in a business relationship alleged the other breached a 2019 contract, but there were multiple disputed issues of material fact over breach, waiver and damages, both parties’ motions for summary judgment were denied. Background Makina ve Kimya Endustrisi Kurumu AS, or MKE, sued Kutlay Kaya, Zenith Quest Corporation, Zenith Quest […]
Court refuses to tax costs related to failed defense
Where a defendant moved to recover its costs after it prevailed on an employee’s claim under the Age Discrimination in Employment, or ADEA, but some of the costs were incurred on an affirmative defense that the Fourth Circuit rejected, those costs were denied. Background After this court awarded summary judgment in favor of defendant Liberty […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
