133 results for 'court:"USDC Eastern District of Virginia"'.
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
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