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25 VBA 1 - VCPA Claims Against TikTok Allowed

• Commonwealth v. TikTok Inc.
• Richmond Circuit Court (Judge Richard Campbell)

Attorney General Jason Miyares brought a multi-count consumer protection complaint against TikTok, the social media video-sharing platform. The suit alleged a number of violations of the Virginia Consumer Protection Act, including misrepresentation of the addictiveness of the TikTok platform and the frequency of mature content. TikTok tried to argue any alleged misrepresentations were constitutionally protected speech. The judge found that misleading commercial speech is not protected by the First Amendment. Demurrers overruled.  

2025 VBA 2 - Teacher’s Gross Negligence Claim Allowed

• Zwerner v. Newport News School Board
• Newport News Circuit Court (Judge Matthew W. Hoffman)

Zwerner, a first-grade teacher at an elementary school in Newport News, was shot in 2023 by a 6-year-old while she was teaching. She sued the Newport News School Board, the principal and an assistant principal of her school, seeking $40 million. Negligence claims were dismissed, based on sovereign immunity.

A gross negligence claim against the assistant principal, claiming she had prior knowledge of the shooter’s past problems, was allowed to go forward. [Editor’s note: A Newport News jury awarded Zwerner $10 million in November 2025.]

2025 VBA 3 - Equipment Leasing Company Can File Mechanic’s Lien

• Carter Machinery Co. v. Waverly Solar LLC et al.
• Sussex County Circuit Court (Judge Wallace W. Brittle Jr.)

Green Wave Contractors Inc. was a subcontractor for a solar farm project in Sussex County.

Green entered into a credit agreement with the plaintiff, Carter Machinery, for equipment, parts and services Green would use on the solar farm project.

After Green failed to pay for equipment rentals, Carter filed a mechanic’s lien against the solar farm, and later, filed a lawsuit to enforce the lien.

The issue, the judge noted, was whether Carter was an appropriate lien claimant under the Virginia Code. After reviewing Code §§ 43-2-3 , the judge said yes and dismissed the demurrers to all counts, letting the lien suit go forward.

2025 VBA 4 - Water Authority Must Provide Data Center Info

• Gendreau v. McEvoy
• Roanoke Circuit Court (Judge Leisa A. Ciaffone)

Call this case a Sign of the Times. It involves litigation about construction of a data center. But it does not involve electricity; it actually is a Freedom of Information Act case about how much water a planned Google data center of Botetourt County will use. A citizen sought documents from the local water authority about potential water use. The authority sent redacted agreements, including one claiming FOIA exemption. The judge found that the water authority could not claim any exemption from FOIA, ordering that the information be provided.

2025 VBA 5 - Rezoning Was a Council Prerogative

• Hart v. City Council of the City of Salem
• Salem Circuit Court (Judge David B. Carson)

The Virginia Baptist Children’s Home, which provides child services, filed a rezoning request in 2023 to rezone a 62-acre parcel of land in Salem from residential single family to planned unit district.

A second rezoning request was filed in 2024. Both requests were approved by the Salem City Council.

Hart challenged the rezoning, arguing reliance on “a faulty traffic study.”

Judge Carson noted that legislative actions are presumptively valid and reasonable.

He added that the plaintiff wanted a judicial resolution of an issue that is properly a legislative prerogative.

The judges granted the demurrers and dismissed the case with prejudice.