8 results for 'judge:"Ballou"'.
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
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
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J. Ballou finds the lower court properly declined to vacate the defendant's plea. The government did not advise the defendant, convicted of aiming a firearm at another person after shooting a gun in the air out of frustration for being kicked out of a club, of the significance of supervised release—that if he were to violate it, he could be subject to additional prison time above the statutory maximum period allowed for the underlying offense. The defendant's substantial rights were not affected because the record does not show that he would have declined to plead guilty if he had been advised about the significance of supervised release. Affirmed.
Court: 4th Circuit, Judge: Ballou, Filed On: January 26, 2024, Case #: 19-4865, Categories: Fair Trial, Firearms, Plea
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. Ballou denies the Republican electoral board members' motion for judgment on First Amendment violation claims. The members allegedly voted not to reappoint the general registrar because of her political views. The members claimed the Eleventh Amendment barred the suit because the state is the real party of interest. Still, they can be held liable because it is a personal-capacity claim, not an official-capacity claim.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: November 16, 2023, Case #: 6:23cv35, NOS: Other Civil Rights - Civil Rights, Categories: Elections, Government, First Amendment