64 results for 'court:"USDC Western District of Virginia"'.
J. Moon grants the city's motion for summary judgment in an employment discrimination suit. A female firefighter sued the city, claiming she experienced discriminatory treatment from her superiors and that her superiors opened a retaliatory investigation into her conduct, resulting in her demotion. There is no evidence of her employers treating male coworkers differently; they, too, are required to provide a doctor's note if taking sick leave, and there is no evidence of them making statements about women not belonging in the fire service. A feeling of disrespect is not a substitute for evidence of discriminatory treatment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: May 7, 2024, Case #: 6:23cv32, Categories: Employment Discrimination, Employment Retaliation
J. Moon grants the juvenile law attorney's motion to dismiss for lack of jurisdiction. A transgender boy ran away from home after his school told his grandmother that he wanted to use male pronouns. He was sex trafficked to Maryland, where he was rescued by law enforcement. The grandmother claims the Maryland-based lawyer representing the boy refrained from telling him that his parents had come to get her in order to intentionally mislead him, deprived him of mail from his parents while he was placed in a group home for juvenile boys and also coerced him to lie to the juvenile court about parental abuse. The attorney is employed by the State of Maryland as an assistant public defender, she is barred only in Maryland, and she only met with him in Maryland and the virtual meetings and appearances during the course of her representation of him took place on networks established by the Maryland Public Defender’s Office or the Circuit Court for Baltimore City.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: April 29, 2024, Case #: 6:23cv47, Categories: Jurisdiction, Lgbtq, Attorney Discipline
J. Cullen grants the foundation repair company's motion to dismiss in an employment discrimination suit. The salesman claims his manager engaged in favoritism, publicly criticized him, manipulated the distribution of leads, and pressured him to use unethical sales tactics, which the salesman refused to carry out. The salesman later disclosed his mental health struggles, including suicidal ideations and poor mental health. The manager claimed to fire him for poor sales numbers, but the salesman felt his termination was pretextual. The salesman failed to provide any facts that would support his theory that he was discriminated against because of his mental health issues.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: April 23, 2024, Case #: 7:23cv638, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Urbanski denies the staffing company's motion to dismiss a breach of contract claim as a third-party beneficiary. The system administrator who works as a subcontractor properly alleged that the data center he works at wanted to pay him $45 an hour, but the staffing company only paid him $40 an hour, skimming the extra $5 an hour.
Court: USDC Western District of Virginia, Judge: Urbanski , Filed On: April 19, 2024, Case #: 5:22cv74, Categories: Employment, Contract
J. Ballou denies the emergency response company's agency to dismiss claims for sexual orientation discrimination based on disparate treatment. The openly bi-sexual employee felt her boss and others harassed her for her sexual orientation. When she attempted to relocate to a new city and begin work at a new emergency response agency, her boss provided negative reviews, calling her an odd duck and saying she makes terrible life choices concerning her sexuality.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: April 18, 2024, Case #: 3:23cv42, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: Landlord Tenant, Tort, Negligence
J. Urbanski denies the university's motion to dismiss due process claims. A Ph.D candidate claimed his male supervisor routinely discriminated against him because the supervisor preferred women he could attempt to seduce. The supervisor received a grant from research the candidate did in his lab but instead of giving the research stipend to the male candidate he gave it to a female candidate he was supposedly in a romantic relationship with. The male candidate claims that after he reported the supervisor's actions the supervisor began a retaliation campaign consisting of harsh work assignments and creating a hostile lab environment. During this time the male candidate was accused of sexual assault by a classmate who the male candidate claims did not seek to pursue the candidate's dismissal from the university until the supervisor influenced her to do so. The process moved quickly and the university, supposedly under the supervisor's tutelage, refused to give the male candidate an extension for collecting evidence to defend himself from the accusation.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 7:21cv378, Categories: Education, Due Process, Employment Retaliation
J. Urbanksi grants the corporation a motion to dismiss. A cybersecurity expert hired by the corporation to head their apprentice program claims the corporation created a coverup to fire him for voicing ethical concerns regarding the apprentices. The expert told the corporation that he believed their practice of classifying the apprentices as contractors rather than employees is illegal. The expert fails to state a claim because Maryland has refused to recognize a cause of action for wrongful discharge where an employee is discharged after he complains internally of suspected wrongdoing without elevating his concerns to law enforcement.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 5:22cv7, Categories: Employment, Whistleblowers, Employment Retaliation
J. Dillon grants the agency's requested remedies. The agency successfully argued that the loan company, which sells immigration bonds for indigent consumers facing deportation, misled consumers to believe they had paid cash bonds, that they owed the company a debt in the amount of cash bonds, and that the consumer's monthly payments paid down that debt.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: April 2, 2024, Case #: 5:21cv16, Categories: Immigration, Consumer Law, Banking / Lending
J. Ballou grants the county's motion to dismiss a waste management company's request for a declaratory judgment in a challenge to the county's waste control ordinances, which give the public service authority the exclusive right to collect solid waste in the county. The ordinance's plain language does not carve out exemptions for collecting industrial and commercial waste, as the company contends.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv327, Categories: Government, Municipal Law
J. Ballou denies the university's motion to dismiss. The former student claims that she suffered sexual abuse at the hands of a university professor and that the university breached its duties under Title IX to investigate her complaints. The university eventually began an investigation under Title IX which ultimately led to the professor resigning, but the investigation took nearly 500 days to complete.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 3:23cv18, Categories: Education, Emotional Distress
J. Ballou grants the clinic's motion to dismiss. The employee brought this employment discrimination action against his former employer and its associate general counsel, alleging unlawful termination, retaliation, and harassment for seeking a religious exemption from the employer’s COVID-19 vaccination requirement. The employee received a write-up for drafting the religious exemption request during work time, a written warning for attendance and failure to comply with guidelines on January 4, 2022, a final written warning on January 19, 2022, for attendance, and termination on March 23, 2023, for use of profanity in a conversation with a supervisor. The employee has not made factual allegations that he is a protected class member and asserts no facts regarding his religion or the nature of his sincerely held religious beliefs.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 7:23cv7, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Dillon grants the doctor's motion for attorney fees. The healthcare provider claims over two dozen individual and corporate-entity defendants, schemed to harm their business by converting, stealing, and misappropriating its business assets, contracts, workforce, and expectancies. The doctor left the provider and joined a competitor, creating what the healthcare provider claimed was a conspiracy to take their clients and employees. The court found that the provider had failed to allege the requisite predicate act necessary for a valid RICO claim and dismissed the RICO claim with prejudice. The doctor deserves attorney fees for being the prevailing party on the RICO claim.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: March 29, 2024, Case #: 7:22cv199, Categories: Health Care, Business Practices, Racketeering
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: Insurance, Negligence, Contract
J. Moon grants the employee's motion for summary judgment. The employee initially stopped working after an extreme case of hyperthyroidism before his doctor said he was fit to go back to work. The hyperthyroidism caused cognitive decline to the point that he cannot perform simple tasks, remember what he is saying midsentence, or count. He successfully argued that his insurance company wrongly denied him long-term disability benefits for his cognitive issues. The insurance company never gave the independent reviewers hired to determine his disability status crucial affidavits submitted by him, his wife, his mother-in-law, and friends attesting to instances where his impaired cognition manifested.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 19, 2024, Case #: 6:2cv6, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Labor
J. Cullen denies the correctional officers' motion for summary judgment and grants the crash victim's leave to amend his complaint to conform it to his deposition testimony. After a car crash, the man driving the vehicle threatened to kill the responding police officer and tried to take his service weapon, resulting in the officer shooting him. The crash victim claims that two correctional officers assaulted him while he was receiving treatment at a hospital. The man has changed what date the assault took place twice, claiming the pain medication made it hard to remember, but regardless, the correctional officers were charged with guarding him on both dates, meaning his allegations are conceivable.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: March 13, 2024, Case #: 3:2cv17, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Assault, Police Misconduct
J. Urbanski grants the purchaser's motion for default judgment. The car shop is accused of forging the purchaser's signature for the car's third-party loan, meaning without him knowing, he was failing to pay back the loan, leading to the vehicle being repossessed and sold. The car shop has failed to retain counsel.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 24, 2024, Case #: 5:22cv43, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Vehicle, Banking / Lending
J. Urbanski denies the jail's motion to dismiss a sex discrimination claim. The correctional officer sufficiently pled that despite her receiving a reprimand for her part, her male counterparts were not disciplined for a verbal confrontation, that she made lower pay than seven of her male coworkers and was fired for fewer reasons than males.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 8, 2024, Case #: 5:22cv57, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Ballou denies the American architect's defamation counterclaim. After over a decade of working together, the Swiss and American architect ended their professional relationship on bad terms. The Swiss architect called out the American architect for building a house he claims is based on a house they had designed together. However, the claim is an opinion and therefore not actionable.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: December 21, 2023, Case #: 7:23cv352, NOS: Other Contract - Contract, Categories: Defamation, Contract
J. Dillon grants declaratory judgment to the insurance company, clarifying that it is not obligated to provide coverage. A woman contracted with the recovery service to clean, repair and store her personal property following a water loss at her residence. Later she claimed that they had damaged and lost much of her property. The recovery service did not give the insurance company prompt notice of the woman's claim as required by their contract.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: December 18, 2023, Case #: 5:23cv29, NOS: Insurance - Contract, Categories: Insurance, Property, Contract