13 results for 'judge:"Moon "'.
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. 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. 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
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J. Moon grants the newspaper's motion to dismiss defamation claims. The paper wrote an article critiquing the conspiracy theorist physician who significantly spread misinformation regarding COVID-19 vaccines. None of the statements made in the article can be proven as false and they are opinions in a scientific debate.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: September 29, 2023, Case #: 3:22cv46, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Health Care, Defamation, Covid-19
J. Moon grants the city and a handful of police officers' motion to dismiss an excessive force claim. The car owner allegedly had 14 officers pointing their guns at him because they believed his vehicle was at the scuffle scene between police and Black Lives Matter protestors from the night before. The officers have qualified immunity for their actions. The car owner failed to allege facts showing that the officers engaged in unconstitutional conduct or that the city maintained a discriminatory policy.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: September 25, 2023, Case #: 6:22cv31, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Equal Protection, Police Misconduct
J. Moon denies the prison doctor's motion to dismiss. The prisoner contends that the doctor was deliberately indifferent to the prisoner by discounting his anticoagulant medication resulting in him suffering from deep vein thrombosis and a pulmonary embolism, and the doctor waited six days to see the prisoner who was suffering from a broken arm. There is still a dispute as to whether the prisoner exhausted all remedies before seeking litigation and whether those administrative remedies were made available to him.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: September 19, 2023, Case #: 6:22cv48, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Remedies, Prisoners' Rights
J. Moon grants the nonprofit's motion for judgment on hostile work environment claims. The nonprofit's actions after a Black employee received anonymous racist letters from a coworker, including adding security cameras, complying with an FBI investigation, and allowing the employee a flexible schedule to accommodate her physiological needs, were reasonably calculated to end the harassment.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: June 15, 2023, Case #: 3:22cv41, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination