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November 21, 2023 | Law.com

Judge OKs Personal Injury Suit Over Burger King's 'Impossible Whopper' Allegedly Embedded With Glass

"IFI takes issue with the fact that Howard pleads that either IFI or Nashville Quality, LLC were responsible for the accident or sabotage that resulted in glass in her food. IFI argues that '[b]ecause the allegations concede it is just as probable that the damages were caused by someone other than IFI and further fails to identify what IFI did or failed to do to cause the damages, the Complaint fails to state a plausible claim for relief.' ... This is wrong," District Judge Thomas T. Cullen for the Western District of Virginia wrote. "IFI conflates Howard's burden of proof with the pleading requirements.
4 minute read
October 17, 2022 | Law.com

University, Housing Complex Owed No Duty to 'Take Administrative Action' on Student's Title IX Claims

"Plaintiff's claim that Liberty owed her a duty to take administrative action either before or after a sexual assault fails because such a duty is not recognized in Virginia," wrote U.S. District Judge Norman K. Moon of the Western District of Virginia. "Second, Plaintiff argues that Liberty had a duty to Plaintiff via Oasis Defendants' actions, because The Oasis is a 'de facto' student dormitory ... This claim fails as well. As mentioned above, Liberty does not have a special relationship to Plaintiff solely by virtue of being the university she attended. Now, assume arguendo that a close relationship exists between Liberty and Oasis Defendants such that Oasis Defendants' duties became Liberty's. Even then, Oasis Defendants ... had no duty to Plaintiff."
6 minute read

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