131 results for 'court:"USDC Eastern District of Virginia"'.
J. Giles grants the home owners' association's motion to dismiss claims they violated the Servicemembers Civil Relief Act and Fair Housing Act. The servicemember, new to the neighborhood, believed the home owners' association denied his request to build a fence and a second driveway because of his South Asian ethnicity. The Acts are intended to protect vulnerable people from eviction, but the servicemember failed to identify any specific parts of the Acts the HOA violated in what they say was a purely aesthetic decision that had nothing to with his ethnicity.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 5, 2024, Case #: 1:23cv551, NOS: Other Civil Rights - Civil Rights, Categories: Property, Housing, Military
J. Hilton grants summary judgment to the airline on claims they violated the Americans with Disabilities Act. The employee suffered a sexual assault on the job in 2014 that left her with post-traumatic stress disorder. She spent three years using her medical, short-term and long-term leave but ran out in 2017. In applying for an unpaid leave of abenses the employee failed to provide the proper medical information to the air line leaving her unpaid leave application unapproved. Three more years pass and the employee believes she did get approved for her unpaid leave while the airline discovered they hadn't terminated her due to a administrative oversight. The airline then officially terminated her employment in 2020 for the justifiable reason that she had not attended work in years and attendance is a essential function of her job.
Court: USDC Eastern District of Virginia, Judge: Hilton , Filed On: March 4, 2024, Case #: 1:23cv113, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Giles grants the bank's motion to dismiss consumer protection and breach of contract claims from a group of payment card account holders. The group claimed the bank used fictional exchange rates and would apply those exchange rates to the group's foreign transactions. Despite establishing standing as a group who suffered an injury and displayed a likelihood that the injury will be redressed by a favorable decision, the group failed to plausibly allege that the exchange rate processors acted as the banks' agents.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 4, 2024, Case #: 1:21cv83, NOS: Other Contract - Contract, Categories: Consumer Law, Banking / Lending, Contract
J. Gibney grants the deputy's motion for judgment on unlawful arrest and illegal detention claims. Two brothers walked on a road near a courthouse when a police officer noticed them and approached them. The brothers, who were recording video at the time, told the officer that they were within their rights to be on the road filming and even went as far as telling the cop that as long as he did not violated their rights they would not hurt them. The officer had probable cause to arrest the pair because walking on the roadway is illegal.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 4, 2024, Case #: 3:21cv575, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
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J. Lauck grants the moving company's motion to dismiss property damage claims. A couple hired the company to remove their belongings from their Virginia home and transport them to Georgia, where they were set to use the proceeds from the sale of their Virginia home to buy a new home. The couple packed their things into boxes and placed them in the garage for the movers to easily access. During the move, an employee for the moving company attempted to disconnect the washing machine but accidentally broke a water line, leading to enough water damage that they could no longer sell the house and so significant that it caused the ceiling over the garage to collapse and destroy their belongings. The couple failed to allege the employees acted in a manner that approached either actual malice or exhibited extreme recklessness, resulting in clearly foreseeable and immediate injury.
Court: USDC Eastern District of Virginia, Judge: Lauck, Filed On: March 4, 2024, Case #: 323:cv474, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Damages, Conversion
J. Young denies the truck drivers motion for default judgement. The insurance company refused to cover the losses the truck driver endured when his 1999 Freightliner Classic XL truck was reportedly towed to an impound lot but went missing when he was arrested in 2015. The truck driver believes the insurance company and a separate truck company conspired to steal his vehicle to strip for parts. The truck driver failed to plead a viable private fraud claim, and further, the facts establish that the relevant statute of limitations has expired for the conversion claim.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 1, 2024, Case #: 3:23cv267, NOS: Other Contract - Contract, Categories: Fraud, Insurance, Conversion
J. Jackson grants the business owners' motion to dismiss a trade secrets dispute. The business owner and the income tax preparation service entered into an agreement in which the business owners would operate two locations. After the agreement ended, the income tax service accused the business owners of violating their contract by using confidential trade secrets to lure customers from the franchise to the new income tax service business they had started. The income tax service failed to identify a specific trade secret the new business used to steal their customers.
Court: USDC Eastern District of Virginia, Judge: Jackson, Filed On: March 1, 2024, Case #: 2:23cv355, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Tax, Contract
J. Walker grants the government's motion for summary judgment in a negligence suit. A sailor fought with a British sailor at a bar near the base, causing the sailor to suffer severe damage to his left eye. Despite repeated requests to be evacuated to the United States, the Navy said he was cleared to remain on duty. When he finally got back to the U.S. on leave, a doctor found a permanent injury that could have been prevented if he had surgery to repair the eye closer to the time of the incident. The claim is barred by sovereign immunity as it was the Navy doctors' judgment to clear him for work and deny his evacuation request.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: February 6, 2024, Case #: 2:22cv527, NOS: Marine - Contract, Categories: Immunity, Negligence, Military
J. Alston grants the government's motion to dismiss. The government employee tried for the third time, after being dismissed in two identical cases, to sue the government for mandating all federal employees become fully vaccinated against COVID-19, but his claims are barred by res judicata.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: February 1, 2024, Case #: 1:23cv671, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Covid-19, Employment Discrimination
J. Alston grants the software company's motion to dismiss defamation claims. An employee called out a coworker for plotting a scheme to receive kickbacks for selecting certain contractors to work on projects with the company. The employee claims the coworker, in retaliation for being reported, started a campaign of convincing coworkers that the employee is a "slut" and "slept her way to the top. The company can not be held responsible for what the coworker said.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: January 9, 2024, Case #: 1:23cv766, NOS: False Claims Act - Torts - Personal Injury, Categories: Defamation, False Claims, Whistleblowers
J. Colombell grants the garbage collector's motion to amend his slip and fall complaint. The worker, who slipped on ice at a mechanic shop, had put the current owners of the property as the defendant rather than the owners at the time of the fall, but the amendment is not prejudicial to any party.
Court: USDC Eastern District of Virginia, Judge: Colombell , Filed On: January 3, 2024, Case #: 3:23cv578, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Premises Liability
J. Garaufis finds an ERISA fund administrator has standing under Labor Manager Relations Act and preserves its single claim that alleges an electrical contractor failed to pay into its union fund as required under its collective bargaining agreement. The court, however, dismisses claims brought by the union itself on the basis that the union is not a third-party beneficiary of the ERISA funds and therefore does not have standing to pursue the claims.
Court: USDC Eastern District of Virginia, Judge: Garaufis, Filed On: January 2, 2024, Case #: 1:22cv7653, NOS: Labor/Management Relations - Labor, Categories: Erisa, Labor / Unions
J. Urbanski denies the competitor's motion to dismiss a defamation suit. The company provides electronic pull tabs for regulated charitable gaming market and demonstrated that the competitor's comment to a potential client accusing the company of being involved in a severe state investigation could be perceived as making a statement of fact.
Court: USDC Eastern District of Virginia, Judge: Urbanski , Filed On: December 28, 2023, Case #: 7:23cv321, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, Defamation, Interference With Contract
J. Young denies the borrower's motion to dismiss for improper venue. The borrower, accused of failing to make timely loan payments, waived her right to object to the venue when agreeing to the loan. The potential contract breach happened in Virginia despite the borrower living in Maryland, making Virginia the appropriate venue.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: December 19, 2023, Case #: 3:22cv295, NOS: Negotiable Instrument - Contract, Categories: Fraud, Venue, Contract
J. Nachmanoff denies the prison psychiatrist's motion for summary judgment on malpractice claims. A MIT-trained nuclear engineer suffering from bipolar disorder was indicted in federal court for robbing a bank and committing an armed carjacking. The court labeled him unfit to stand trial and ordered him to spend a year and a half at a medical facility receiving antipsychotic medications. After it was determined he was competent again, he pled guilty. He was transferred to a detention center where the psychologist declined to continue his prescriptions and never scheduled any follow-up treatment, leading to the engineer killing himself in his cell. Genuine issues of fact remain as to whether the psychologist's failure to treat constituted malpractice.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: December 13, 2023, Case #: 1:23cv248, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Tort, Negligence
J. Payne denies the car company's motion to transfer the venue from Virginia to Massachusetts. The car owners claim Ford knowingly sold their vehicles with defective transmissions, violating Virginia consumer protection laws. The car company hoped to consolidate the case with a parallel case in Massachusetts that had been filed first, but the Virginia car owners' complaints came from conduct in Virginia.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: December 13, 2023, Case #: 3:22cv512, NOS: Other Statutory Actions - Other Suits, Categories: Vehicle, Consumer Law, Venue
J. Gonzalez denies a motion for judgment on the pleadings and subsequently allows a blind man to amend his ADA disability discrimination complaint that alleges he was unable to access a Manhattan-based restaurant’s website. The court rules he has standing, finding he provides enough detail regarding his intent to visit the restaurant in the future with his girlfriend. However, the court will reopen limited discovery to allow the restaurant’s owners to seek documentation to determine whether his intent is genuine.
Court: USDC Eastern District of Virginia, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 1:23cv207, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery