Virginia
Court Finds Virginia's Punitive Damages Cap Applies Per-Plaintiff in Charlottesville Case
A federal appeals court has ruled that Virginia’s $350,000 punitive damages cap applies on a per-plaintiff basis in a case against white supremacists who organized the “Unite the Right” rally in Charlottesville in August 2017.
A Fourth Circuit Court of Appeals panel in a 3-0 vote reversed a federal district court that had limited the punitive damages that the eight plaintiffs would receive to $350,000 aggregate. The appeals court found that in a case where there are multiple plaintiffs, the $350,000 cap applies to each plaintiff, not to the group as a whole.
In the opinion written by Chief Judge Albert Diaz, the appeals court rested its decision largely on the statute’s not mentioning plaintiffs and the fact that the state did not permit multiple plaintiff actions until well after the cap statute was drafted and enacted.
As a civil jury trial in 2022 proved, the protester-defendants — who included white nationalists, white supremacists, and neo-Nazis— conspired to commit racially motivated violence to, in part, “defend Western civilization and white men against perceived enemies—specifically, Jewish persons, Black persons, and their white gentile traitor allies.” The protesters “sought violence, planned for violence, sparked violence, engaged in violence, and afterwards, glorified the violence” committed.
The jury found the defendants guilty of civil conspiracy; racial, religious, or ethnic harassment under Virginia’s hate-crime statute; assault and battery; and intentional infliction of emotional distress.
Jury Award
The jury’s damages award against the protester-defendants totaled over $26 million, split among compensatory damages which the district court assigned jointly and severally against the defendants, and a historic $24 million in punitive damages. The district court ultimately slashed the punitive damages to $350,000 by applying Virginia’s punitive damages cap across the eight plaintiffs who sought them.
Defendants Michael Hill, Michael Tubbs, League of the South, and Nathan Damigo challenged the district court’s decision to hold them jointly and severally liable for the $26 million in compensatory damages award, while the plaintiffs challenged the district court’s decision to apply Virginia’s punitive damages cap across all plaintiffs.
Because the jury found that all the defendants engaged in a conspiracy, the district court applied the collective compensatory damages. The Fourth Circuit found no error in this part of the district court’s decision.
The defendants also argued that Virginia’s punitive damages cap should apply to the jury’s punitive damages award, reducing them to $350,000, and that the damages were constitutionally excessive.
The plaintiffs’ argued that the punitive damages cap only applies in “run-of-the-mill” tort and insurance cases and not at all than in the hate-crime context. The plaintiffs’ fallback contention was that the cap applies on a per-plaintiff basis, with each plaintiff receiving $350,000.
The district court rejected the plaintiffs’ arguments that the punitive damages cap should not be applied at all and that the cap applies on a per-plaintiff basis.
The Fourth Circuit also rejected the plaintiffs’ argument that punitive damages statute does not apply to hate crimes. The court cited the plain language of the statute that says it applies to ‘all actions” and not just some actions. The court noted that Virginia passed its hate-crime statute only a year after passing its punitive damages cap. It therefore had an opportunity to exclude hate crimes from the cap’s purview but it didn’t.
However, citing history, statute language and public policy, the Fourth Circuit agreed with the plaintiffs that the cap applies per-plaintiff.
The statute says in part that the “total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $350,000.”
First the appeals court noted that the punitive damages statute doesn’t include similar “all plaintiffs” language as it does “all defendants” and the court believes there are good reasons for that legislative drafting. If lawmakers meant to treat defendants and plaintiffs equally under the statute, even with the “all defendants” qualifier, that would render that term superfluous.
Another reason relates to the state’s historical understanding of joinder. and the fact that when the punitive damages cap was enacted in 1987 the common law largely didn’t permit separate plaintiffs to jointly adjudicate their claims. So an “action” was typically one plaintiff prosecuting one claim. There were no multiple plaintiff actions.
Virginia adhered to this common-law approach until 1995, when the General Assembly permitted a court to join separate actions, or six or more plaintiffs to join in a single action. But these joinder principles were enacted after the punitive damages cap passed in 1987.
“As a matter of text and history then, the General Assembly could not have contemplated including a multi-plaintiff limitation in the punitive damages cap because single-plaintiff actions were the norm,” the appeals court explained.
Furthermore, the court found that a per- plaintiff reading serves public policy interests by incentivizing plaintiffs to join their claims where appropriate. “Were we to hold otherwise, any plaintiffs seeking punitive damages against a defendant (or defendants) for a single occurrence would have 350,000 reasons not to join their claims. And had that been the law here, the district court likely would have faced eight trials in a loop of repeat operative facts and players,” Judge Diaz wrote.
Photo: James Kolenich, left, attorney for Jason Kessler, speaks with the media after a jury gave a partial verdict in Sines v Kessler case Tuesday, Nov. 23, 2021, at the Federal Courthouse in Charlottesville, Va. A jury ordered white nationalist leaders and organizations to pay more than $25 million in damages Tuesday, Nov. 23, 2021, over violence that erupted during the deadly 2017 Unite the Right rally in Charlottesville. The lawsuit accused some of the country’s most well-known white nationalists of plotting the violence, including Jason Kessler. (Andrew Shurtleff/The Daily Progress via AP)
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Virginia
Virginia
Obama calls on voters to help Democrats’ Virginia redistricting ahead of midterm elections
Former President Barack Obama is calling on voters in Virginia to support a ballot measure this spring that would change the commonwealth’s constitution and cause new congressional district boundaries benefiting Democrats to be used in this fall’s midterm elections.
In a video posted to social media on Thursday morning, Obama noted the surge of mid-decade redistricting started last year when Texas Republicans started work to shift five Democratic seats and make them more favorable to Republicans.
Since then, California Democrats were able to redraw the lines involving five GOP-held seats to try and offset Texas’ gerrymander. Republicans in North Carolina and Missouri last year also altered a Democratic-held seat in each of their respective states to try and help the GOP.
“In April, Virginians can respond by making sure your voting power is not diminished by what Republicans are doing in other states,” Obama, a Democrat, said in the video. “This amendment gives you the power to level the playing field in the midterms this fall.”
Republicans hold a narrow majority in the U.S. House and are contending with the prospect of losing control of the chamber this fall when every seat is on the ballot.
Virginia Democrats’ redistricting effort has proven to be a lengthy process, and legal concerns have surrounded much of the work and thrown some uncertainty into the outcome. The commonwealth’s map in place at the moment resulted in six House seats for Democrats in the 2024 election and five for Republicans. Plans offered by elected Democratic leaders this year would try and shift those lines in a way that could result in sending 10 Democrats back to the House and just one Republican.
“Democrats’ illegal gerrymandering power grab is an affront to democracy and rigs our maps to turn Virginia into a one-party state,” the Republican Party of Virginia said last month on social media, adding “It is an intentional effort to silence and disenfranchise half our Commonwealth.”
After the 2020 Census, both Democratic and Republican led states indulged in the well-worn practice of gerrymandering, drawing districts that favored their own parties and lessening the chances of competitive races.
But the series of mid-decade redraws impacting the 2026 midterms essentially represent a break from tradition and have put Democrats in the position of having to backtrack on some of their past messaging on the issue. “For too long, gerrymandering has contributed to stalled progress and warped our representative government,” Obama himself said on social media in 2020.
A statewide vote is set for April 21 on whether to change Virginia’s constitution and give the General Assembly the ability to change the maps just months before general election contests will be held. Early voting is set to start Friday.
Virginia is more of a purple state, and it’s unclear what will happen to the constitutional amendment in the April 21 special election. Republicans widely oppose the effort, and additional congressional redistricting in GOP-led Florida could lessen the impact of any changes made in Virginia.
Virginia
‘Explosions every day’: Virginia woman on her way to a wedding in India is stuck in Qatar
Arlington, Virginia, resident Anjali Sharma — stuck in the Middle Eastern since Saturday — documents her story on social media from a hotel in Doha, Qatar.
“I think it really hit me when I saw black smoke coming from afar on one of the buildings, and it ended up being a missile that got defused, and the debris fell on the ground and caused an explosion,” Sharma said.
She was on her way to a wedding in India and had a layover in Qatar when Iran’s retaliatory strikes began. The airspace in Qatar and several other nearby countries is closed.
Sharma is alone. She says the rest of her family she was supposed to meet with had their flights canceled.
She says it’s incredibly unsettling.
“I hear explosions every day,” Sharma said. “I hear planes going outside. I mean, I still hear military jets, right now. I don’t really know what that means.”
She is one of several thousands of Americans stranded in the Middle East. The State Department said it’s assisted almost 6,500 Americans since the conflict began.
Sharma says she hasn’t been able to get any clear guidance.
“I would just really appreciate it if the U.S. government could get clear guidelines of what they’re going to do to get us out and when that even may be,” she said.
U.S. Rep. Don Beyer, D-Va., has been critical of the Trump administration’s evacuation efforts. He says his office has heard from about 100 families whose loved ones are stranded abroad.
“The primary reason the State Department exists is to serve Americans living abroad, and they’re desperately failing at that, right now,” he said.
The White House said the secretary of state issued Level 4 travel advisories dating to January. But Qatar was not one of the countries given a do-not-travel advisory.
The State Department Wednesday created a new form for stranded citizens to fill out. They say it will provide departure information about available aviation and ground transportation options.
Sharma hopes it’s her ticket out.
“I just want to get out of here safely at this point.”
Virginia
Giants will hold 2026 training camp in West Virginia
The New York Giants will be forced to hold their 2026 training camp, the first with John Harbaugh as head coach, out of state.
Per a report from the New York Post, the Giants will hold what will likely be the first two weeks of training camp in West Virginia at the Greenbrier Resort, located in White Sulpher Springs.
Part of the reason for the move is the fact that World Cup games will be held at MetLife Stadium this summer. There is also ongoing construction at the Giants’ facility at 1925 Giants Drive. The Giants are expanding their locker room, weight room, dining facility and office space at their headquarters, constructed in 2009. That work began before Harbaugh was named head coach.
NFL teams have used the Greenbier extensively since 2014, when it was first established to host training camp for the New Orleans Saints. The Houston Texans and Cleveland Browns have held training camps there, and other have practiced there during extended road trips.
The facility has two grass fields and a FieldTurf field, as well as all of the other accommodations an NFL needs.
The Giants have trained at their own Quest Diagnostics Training Center in East Rutherford, N.J. since 2013.
Exact dates for NFL training camps have not yet been set, but the starting date is generally some time in late July. Per the Post, most practices at the Greenbrier are expected to be open to the public.
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