Tort

Berkenfeld v. Lenet (P)

Because of Maryland’s high bar for taking questions of contributory negligence, the district court erred in finding that the plaintiffs were barred from recovery for their financial advisors’ alleged negligence. The plaintiffs’ evidence offers a reasonable basis to determine that… Read More ›

Gilmore v. Jones (P)

Plaintiff Brennan Gilmore was among hundreds of individuals who gathered in Charlottesville, Virginia on August 12, 2017 to protest various white supremacist and neo-Nazi groups participating in the “Unite the Right” rally. In footage he recorded that day, he captured… Read More ›

Koontz v. Jording

The plaintiff alleges that two of her former supervisors at Home Depot defamed her and tortiously interfered with her employment by falsely stating multiple times that the plaintiff was separated from her employment at Home Depot due to her arrest… Read More ›

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 ›