131 results for 'court:"USDC Eastern District of Virginia"'.
J. Alston denies the landlord of privatized military housing's motion to dismiss claims it violated the Virginia Consumer Protection Act. The tenant's alleged misrepresentations about the condition of the landlord's rentals relate to facts (rather than opinions), such as the extent of moisture, mold or pest infestation problems and whether those problems had been properly remediated.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: August 21, 2023, Case #: 1:22cv286, NOS: All Other Real Property - Real Property, Categories: Landlord Tenant, Housing, Military
J. Gibney grants partial summary judgment to the agency. Half of the women suing for violation of the Equal Pay Act, alleging male comparators are paid higher, failed to show that factors like job performance and experience weren't considered when creating their salaries.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: August 11, 2023, Case #: 3:22cv11, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Discrimination, Labor
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J. Hudson grants the brother's motion to dismiss defamation claims. An attorney and his wife allegedly beat an employee and neighbor unconscious in a drunken rage one evening. After the employee sought charges, the couple took to Facebook to start a campaign claiming the employee was a liar. No evidence was given of the wife's brother contributing to the postings for him to be liable.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: August 2, 2023, Case #: 3:23cv17, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Defamation, Assault
J. Alston denies the trucking company's motion to dismiss for failure to state a claim. The former employee whose boss/uncle allegedly sexually harassed her on a business trip plausibly alleged facts in her complaint sufficient to demonstrate that the harassment (asking about her sex life, touching her, and suggesting intercourse) was pervasive or severe enough to constitute a Title VII hostile work environment claim.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 31, 2023, Case #: 1:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Alston grants the car dealership's motion to dismiss for lack of jurisdiction. The car owner sought to sue the dealership after several years of needing frequent car repairs. He asked for $11,000 in actual damages and $2 million in punitive damages. The punitive damages do not stand because he fails to show any malice on the part of the dealership leaving his claims at $11,000, well below the $75,000 amount-in-controversy
requirement.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 20, 2023, Case #: 1:22cv1387, NOS: Other Contract - Contract, Categories: Damages, Consumer Law, Contract
J. Ellis grants the employee's motion to remand the gender and sex-based harassment case to a state court. The employee, who was allegedly called fat and lazy by a supervisor, failed to raise a federal question.
Court: USDC Eastern District of Virginia, Judge: Ellis, Filed On: July 14, 2023, Case #: 1:23cv594, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Trenga grants the government's motion for summary judgment in the unpaid wages litigation for the healthcare entities and their owner but denies summary judgment against the company's manager. Despite the manager having control over employees, hirings, and pay, her title as general manager is insufficient to classify her as an employer rather than an employee.
Court: USDC Eastern District of Virginia, Judge: Trenga, Filed On: July 14, 2023, Case #: 1:22cv83, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Labor / Unions
J. Hudson grants the city's motion for sanctions. The husband hoping to sue the city and his ex-wife following a custody battle, emailed countless harassing, degrading and threatening emails to the ex-wife's counsel.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: June 28, 2023, Case #: 3:22cv745, NOS: Land Condemnation - Real Property, Categories: Malicious Prosecution, Sanctions, Due Process
J. Payne grants the consulting company's motion to dismiss. The consulting company's alleged report was given to the development company to aid in their decision to purchase a large parcel of land to develop housing and failed to mention restrictive proffers who significantly limited the development of the property. The agreed-upon terms bar the development group from seeking damages against the consulting company.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: June 22, 2023, Case #: 3:23cv87, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Novak partially denies the university's motion to dismiss because the alumni, who sued for discrimination after a librarian called him out for saying racial remarks to an employee, properly asserted a state law cause of action. The alumni's claim that the university violated the internal reporting requirements takes issue with the conduct of state employees carrying out their duties with a public university.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: June 21, 2023, Case #: 3:23cv328, NOS: Education - Civil Rights, Categories: Education, Emotional Distress