In Adams v. American Optical Corp. the Fourth Circuit held that Virginia’s two-year statute of limitations on personal injury claims barred the plaintiff-appellant’s (Adams) allegations regarding his diagnosis of coal workers’ pneumoconiosis (CWP), also known as black lung. Under Virginia law, the statute of limitations begins to run when the injury is sustained and “not when the resulting damage is discovered.” Va. Code Ann. § 8.01-230. The court found that because there was some undisputed evidence that proved to a reasonable degree of medical certainty that Adams developed CWP more than two years before filing his suit, any disputes concerning the importance of particular pieces of medical evidence were immaterial and thus, there was no genuine dispute that Adams developed CWP outside the limitations period.

In Parkway 1046, LLC v. U.S. Home Corp., the Fourth Circuit held Parkway’s contract claim accrued in April 2017 when U.S. Home refused to reimburse Parkway; that Parkway’s award of prejudgment interest dates back to April 2017; and that Parkway could not receive attorney’s fees because it was not a “party” under the terms of the agreement.