11 results for 'judge:"Cullen"'.
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. 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
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J. Cullen denies the food manufacturer's motion to dismiss. The customer claims she swallowed glass while eating a veggie burger from Burger King and sued both the manufacturer of the meatless burger and the restaurant that sold it to her, contending that at least one of them was negligent by allowing the glass to make its way into her food. The manufacturer argued that because she doesn’t know how the glass got into her Impossible Whopper she is barred from suing but no reasonable interpretation of the federal rules of civil procedure requires that a plaintiff know precisely how its injury occurred.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: November 14, 2023, Case #: 4:23cv16, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Negligence, Product Liability
J. Cullen grants the U.S. Department of Agriculture’s Farm Service Agency employees' motion to dismiss. The former county executive director alleged she was fired in retaliation for reporting evidence suggesting that some farmers were submitting fraudulent applications for the forage program, which operates effectively as an insurance program for farmers to cover losses from low crop yields. Despite the availability of USDA administrative hearing and appeal procedures, the former director failed to allege that she pursued these procedures before bringing this
action.
Court: USDC Western District of Virginia, Judge: Cullen , Filed On: October 5, 2023, Case #: 4:22cv13, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Whistleblowers, Employment Retaliation
J. Cullen dismisses the former student's Title IX violation claim. The student was accused of sexual assault, and the university found him guilty and suspended him for two years. Even if the student's allegations were sufficient to permit an inference that the university acted in a biased manner against him, he does not allege facts that suggest that any bias was attributable to his gender rather than other non-protected factors.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: September 12, 2023, Case #: 7:22cv28, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. Cullen denies the janitorial services company's motion to dismiss. The dispute arises from and slip and fall suffered by a factory worker who claims the janitorial services company failed to provide warnings or signage indicating the locker room was wet or slippery following being mopped. The company contends that the factory worker cannot state a claim for negligence because it only owed a contractual duty to her employer and did not owe a common law duty of care to her. The existence of that contract does not vitiate the company's duty to exercise reasonable care while performing its services.
due to a lack of signs cannot state a claim
for negligence because it only owed a contractual duty to White’s employer and did not owe a
common law duty of care to her (or any other employee)
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: July 10, 2023, Case #: 7:23cv267, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence