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Tag Archives: U.S. District Court – Western District

Young woman suffered head injury in wreck – $850,000 Verdict (access required)

On July 28, 2017, the plaintiff was a 17-year-old rising high school senior who was driving a Saturn in the right lane on Interstate 81 near Staunton when a tractor-trailer merged into the back of her car, causing it to ...

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Damages-as-revenue case merits minimum damages (access required)

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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Third-party contracts could be double dealing (access required)

A factfinder could conclude that a rail company bargained in bad faith in its contract with a coal shipper. Evidence supported an inference that the rail company actively incentivized third parties to frustrate the shipper’s performance and then refused good-faith ...

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Copyright claim proceeds against congressman (access required)

A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

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Same-sex horseplay backs hostile environment claim (access required)

wdva

Even though a plaintiff male employee admitted his male workplace tormenter was not homosexual, the co-worker’s alleged persistent, sexually charged harassment was enough to let a Title VII hostile work environment claim go to trial, a federal judge has ruled. ...

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WDVA: Copyright claim against congressional campaign proceeds (access required)

A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

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WDVA: Threatening collection calls lead to award over $15k (access required)

A plaintiff is entitled to actual and statutory damages, attorneys’ fees, and litigation costs arising from debt-collection calls she allegedly received from the defendant, who did not respond. Background Plaintiff Betty West’s lawsuit arises out of a series of interactions ...

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WDVA: Class jurisdiction extended to non-resident claims (access required)

A recent U.S. Supreme Court case did not require dismissal of putative class claims that might arise from illegal prerecorded calls to class members outside Virginia. While that approach may be logical in the mass-tort context, it is unnecessary in ...

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WDVA: Obscene gesture at officer no grounds for stop (access required)

A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background ...

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WDVA: Corrections’ experts not qualified on adequacy of care (access required)

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s ...

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