Tort

Parada-Segova v. Barlow

The defendant, an employee of Fairfax County, is entitled to sovereign immunity as to the plaintiff’s claim of simple negligence. The suit arises from the plaintiff’s allegations that the defendant struck her with his vehicle while she was crossing an… Read More ›

Burrell v. Bayer Corp. (P)

In this North Carolina personal-injury suit, the plaintiff’s claims seeking damages for violation of state tort and products-liability law do not fall within the small class of cases in which state-law claims arise under federal law for purpose of federal-question… Read More ›

Groff v. Lawson

The plaintiff’s negligence claim against a Westfield school resource officer must be dismissed on grounds of sovereign immunity. The officer heard a report that students were “fleeing” the school, where an all-night graduation was being held. He considered the situation… Read More ›

Fijalkowski v. Wheeler

Police are entitled to qualified immunity as to the plaintiff’s claim that they exacerbated a dangerous situation – namely, the plaintiff’s psychotic episode in which he submerged himself underwater at the pool where he worked. Under the state-created danger doctrine,… Read More ›

Fitzgibbon v. Radack

In this suit for malicious prosecution and defamation, transfer to the District of Columbia, where the defendant allegedly falsely accused the plaintiff of sexual assault, is not justified. While the plaintiff’s choice of forum carries less weight than usual because… Read More ›

Harris v. Edem

A defendant who has received a discharge in bankruptcy does not become a nominal party for purposes of diversity and removal jurisdiction. In this personal injury suit, both parties are citizens of Virginia. The defendants maintain that, by virtue of… Read More ›

Marsh v. Curran

A plaintiff has sufficiently alleged intentional infliction of emotional distress arising from surreptitious recordings of his private conversations, which he claims were made by his ex-wife and her family and lawyers for use in their divorce proceedings. He has also… Read More ›

Damtew v. Jeng

A defendant could not appeal from an adverse auto crash judgment in the general district court because he failed to post bond or prove indemnity by his insurer. To qualify for the bond exception under Code ยง16.1-107, the defendant had… Read More ›

Swahn v. Hussain

In protracted litigation between townhome neighbors, the defendants/counter-plaintiffs’ losses on two issues offset their success on a third. The plaintiffs sued the defendants for public and private nuisance based on alleged operation of an illegal commercial catering business out of… Read More ›