8 results for 'judge:"Novak "'.
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. 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. 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. 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
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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