131 results for 'court:"USDC Eastern District of Virginia"'.
J. Hudson denies the blind inmate's motion to preclude the department's affirmative defense. The blind inmates generically accuse the department of failing to accommodate their blindness. The blind inmates sought to bar the department from arguing after the fact that the accommodations posed an undue burden. A head of the public entity or a designee must provide a written statement on the reasons for denying accommodations. The head of the department did not need to give the written statement because the Americans with Disabilities Act coordinators of the prisons count as designees. The inmates also failed to identify which responses to their accommodation request were inadequate.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 15, 2024, Case #: 3:23cv127, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Prisoners' Rights
J. Novak grants the attorney's motion to determine whether the insurance company properly calculated the benefits owed to him, considering the court's recent determination that the insurance company abused its discretion in denying his long-term disability benefits for the second time. The insurance company has consistently dodged paying the attorney benefits that stem from his having serious heart surgery. The insurance company abused its discretion for a third time by determining that the attorney's earned-income social security benefits, as compared to social security benefits received due to his disability, could be offset against his long-term disability benefits.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: May 14, 2024, Case #: 1:22cv125, NOS: Fair Labor Standards Act - Labor, Categories: Erisa, Insurance, Labor
J. Hudson grants partial judgment to the state prison system in a suit filed by blind inmates, claiming the correctional system does not properly accommodate their blindness. There is still a genuine dispute over whether the tablets provided to blind inmates are truly accessible instruments for the blind. The tablet has a talk-back feature, and many have a Braille keyboard. The state also showed that it provided alternative means for blind inmates to communicate with friends and family, including in-person and telephone visits.
Court: USDC Eastern District of Virginia, Judge: Hudson , Filed On: May 8, 2024, Case #: 3:23cv127, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Prisoners' Rights
J. Nachmanoff grants the power company's motion for summary judgment. Under a master agreement, a cybersecurity company agreed to provide certain equipment, software and services in connection with the power company's participation in a nationwide cybersecurity project for electric utilities known as IronDome. The cybersecurity company assigned the payment agreement to a finance company which eventually sold it to the relevant assignee. The assignee sought to recover unpaid funds from the power company pursuant to a hell-or-high-water clause in the payment agreement but the agreement allowed termination for cause and for convenience. Once the power company no longer needed the cybersecurity company it became inconvenient to still have an agreement with them.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: May 8, 2024, Case #: 1:23cv643, NOS: Other Contract - Contract, Categories: Energy, Banking / Lending, Contract
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: Transportation, Negligence, Contract
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J. Young grants the city of Richmond's motion to dismiss. A group of three young women carpooled to a police brutality protest in the Summer of 2020. After the protest began escalating the trio attempted to leave but their car was stuck in standstill traffic. As they waited behind cars, protesters and police one of the three girls shouted "fuck twelve" to a group of officers. Unable to move due to the traffic the trio were stuck as a pair of officers approached their vehicle and spewed large quantities of pepper spray into the vehicles open window severely burning the women. The city is barred from the claims because they specifically tell their officers to never use pepper spray when the victim is trapped in a car.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: April 30, 2024, Case #: 3:23cv737, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Immunity, Assault, Police Misconduct
J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: Construction, Insurance, Indemnification
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Employment Discrimination
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Novak denies Mercedes' motion to dismiss breach of warranty claims. A consumer purchased a van that, despite seven visits to three agents of the manufacturer, still does not function properly. The manufacturer wrongly claims the van doesn't fall under the federal warranty law because it is a commercial vehicle, but the consumer uses it as his personal vehicle.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 18, 2024, Case #: 3:23cv755, NOS: Other Contract - Contract, Categories: Vehicle, Warranty, Contract
J. Nachmanoff grants the hospital's motion for summary judgment. The employee claimed the hospital's the COVID-19 vaccination requirement violated his religious beliefs concerning abortion, which prevent him from taking any product developed or tested using aborted fetal cell lines. However, the hospital had approved use of the Novavax vaccine that does not contain fetal cell lines.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: April 15, 2024, Case #: 1:23cv132, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, First Amendment
J. Leonard denies the hotel's motion for summary judgment. The guest tripped over a wet floor sign that he claimed was on the ground rather than propped up. The guest claims that the hotel is guilty of negligence for selecting a metallic and brown wet floor sign that blended in with the surrounding decor, placing the sign such that it fell over and laid flat, failing to ensure the sign was in a location where it would not pose a tripping hazard, and failing to remove the sign once the floor was dry. A jury could reasonably determine that the hotel breached its duty of care in selecting and locating the sign.
Court: USDC Eastern District of Virginia, Judge: Leonard, Filed On: April 10, 2024, Case #: 2:23cv11, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Alston grants the physical therapist motion for summary judgment in this ERISA action. The physical therapist stopped working due to symptoms of arthralgia, back pain, neck pain from cervical herniated discs, fibromyalgia, chronic fatigue, Epstein Barre virus, IBS, and migraines. After several years of long-term disability, primarily for cognitive issues, the insurance company denied her 2022 request on the grounds that she had published books and began a blog during her time away from work. The therapist's doctor continued to vouch for her, saying she would be unable to do her job. The insurer wrongfully ignored that evidence and relied solely on outlier opinions to determine its denial.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: April 10, 2024, Case #: 1:23cv1, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Labor
J. Smith denies the wastepaper company's motion to dismiss breach of contract claims. A wastepaper company acquired 50% ownership of a paper company with the stipulation that the wastepaper company would not import or export paper other than wastepaper. The wastepaper company started selling regular paper, claiming the restrictive covenant was too broad. It would be premature to dismiss it as the paper company has not been able to defend the stipulation's validity.
Court: USDC Eastern District of Virginia, Judge: Smith, Filed On: March 27, 2024, Case #: 2:23cv512, NOS: Other Contract - Contract, Categories: Jury, Fiduciary Duty, Contract
J. Alston grants the IT recruitment company's motion to dismiss. The company's model offers young IT professionals premium training in the field with the guarantee that they will be contracted to Fortune 500 companies afterward. Several recruits claim they work 40-hour-plus weeks on minimum wage for over three months while completing their training. Recruits also sign contracts preventing them from quitting during the training period or the first few years working with a client without paying thousands of dollars in penalties. Because the recruits haven't quit or been terminated, they have yet to pay any penalties, making their claims toothless.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: March 27, 2024, Case #: 1:23cv491, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Young denies the reseller's motion to dismiss. The massage device company accused the reseller of bulk purchasing its products, giving the impression that the reseller was gifting them to its employees when it was actually reselling them. The company has provided sufficient evidence to move forward with a fraud claim, including the name of the individual who made the misrepresentation.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: March 25, 2024, Case #: 3:23cv545, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: Construction, Landlord Tenant, Contract
J. Nachmanoff grants the cybersecurity employer's motion to dismiss an employment discrimination suit. The employee suffered from various orthopedic and nerve disabilities stemming from his military service, including lumbar strain with degenerative arthritis and intervertebral disc syndrome, requiring 18 different medicines and accommodations for a parking space and a workable chair. The employee claims the employer harassed him due to his negative assessments of the software and subsequent recommendations. The employee's complaint lacks any factual allegations suggesting that his supervisors’ actions like changing his hours to coincide with personnel in different time zones, or requesting that he attend onsite meetings, had anything to do with his race, age or disability.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: March 20, 2024, Case #: 1:23cv164, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Alston grants the creditors' motions to dismiss. The homeowners claim the creditors fabricated evidence, notices, and other documents when initiating foreclosure on their home. The homeowner argues that the underlying debt was discharged in their 2008 Chapter 7 bankruptcy proceeding and that the bankruptcy discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action to collect on the debt. The homeowners do not allege facts sufficient to demonstrate that the creditors fall under the Fair Debt Collection Practices Act's definition of a debt collector.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: March 20, 2024, Case #: 1:23cv736, NOS: Other Contract - Contract, Categories: Bankruptcy, Consumer Law, Banking / Lending
J. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: March 18, 2024, Case #: 3:23cv48, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Elections
J. Gibney denies the county's motion to dismiss claims of labor law violations. In the county, sheriff deputies are expected to call in on the way to their shifts to make themselves available for emergency calls and assignments. The former sheriff's deputy properly alleged that he and others in his position are entitled to overtime pay for the pre-shift, on-duty period.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 18, 2024, Case #: 3:23cv325, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Government, Workers' Compensation