21 results for 'judge:"Alston"'.
J. Alston grants the physical therapist motion for summary judgment in this ERISA action. The physical therapist stopped working due to symptoms of arthralgia, back pain, neck pain from cervical herniated discs, fibromyalgia, chronic fatigue, Epstein Barre virus, IBS, and migraines. After several years of long-term disability, primarily for cognitive issues, the insurance company denied her 2022 request on the grounds that she had published books and began a blog during her time away from work. The therapist's doctor continued to vouch for her, saying she would be unable to do her job. The insurer wrongfully ignored that evidence and relied solely on outlier opinions to determine its denial.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: April 10, 2024, Case #: 1:23cv1, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Labor
J. Alston grants the IT recruitment company's motion to dismiss. The company's model offers young IT professionals premium training in the field with the guarantee that they will be contracted to Fortune 500 companies afterward. Several recruits claim they work 40-hour-plus weeks on minimum wage for over three months while completing their training. Recruits also sign contracts preventing them from quitting during the training period or the first few years working with a client without paying thousands of dollars in penalties. Because the recruits haven't quit or been terminated, they have yet to pay any penalties, making their claims toothless.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: March 27, 2024, Case #: 1:23cv491, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Alston grants the creditors' motions to dismiss. The homeowners claim the creditors fabricated evidence, notices, and other documents when initiating foreclosure on their home. The homeowner argues that the underlying debt was discharged in their 2008 Chapter 7 bankruptcy proceeding and that the bankruptcy discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action to collect on the debt. The homeowners do not allege facts sufficient to demonstrate that the creditors fall under the Fair Debt Collection Practices Act's definition of a debt collector.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: March 20, 2024, Case #: 1:23cv736, NOS: Other Contract - Contract, Categories: Bankruptcy, Consumer Law, Banking / Lending
J. Alston grants the government's motion to dismiss. The government employee tried for the third time, after being dismissed in two identical cases, to sue the government for mandating all federal employees become fully vaccinated against COVID-19, but his claims are barred by res judicata.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: February 1, 2024, Case #: 1:23cv671, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Covid-19, Employment Discrimination
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J. Alston grants the software company's motion to dismiss defamation claims. An employee called out a coworker for plotting a scheme to receive kickbacks for selecting certain contractors to work on projects with the company. The employee claims the coworker, in retaliation for being reported, started a campaign of convincing coworkers that the employee is a "slut" and "slept her way to the top. The company can not be held responsible for what the coworker said.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: January 9, 2024, Case #: 1:23cv766, NOS: False Claims Act - Torts - Personal Injury, Categories: Defamation, False Claims, Whistleblowers
J. Alston denies the fiber optic cable company's motion to dismiss the employee's retaliation claim. The employee, who alleges he was fired for noting that the company was not complying with federal regulations when supplying cables, plausibly alleged facts that he was engaging in protected activity by pointing out the noncompliance.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: August 23, 2023, Case #: 1:22cv521, NOS: Other Labor Litigation - Labor, Categories: Employment, Whistleblowers, Employment Retaliation
J. Alston denies the landlord of privatized military housing's motion to dismiss claims it violated the Virginia Consumer Protection Act. The tenant's alleged misrepresentations about the condition of the landlord's rentals relate to facts (rather than opinions), such as the extent of moisture, mold or pest infestation problems and whether those problems had been properly remediated.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: August 21, 2023, Case #: 1:22cv286, NOS: All Other Real Property - Real Property, Categories: Landlord Tenant, Housing, Military
J. Alston denies the trucking company's motion to dismiss for failure to state a claim. The former employee whose boss/uncle allegedly sexually harassed her on a business trip plausibly alleged facts in her complaint sufficient to demonstrate that the harassment (asking about her sex life, touching her, and suggesting intercourse) was pervasive or severe enough to constitute a Title VII hostile work environment claim.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 31, 2023, Case #: 1:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Alston grants the car dealership's motion to dismiss for lack of jurisdiction. The car owner sought to sue the dealership after several years of needing frequent car repairs. He asked for $11,000 in actual damages and $2 million in punitive damages. The punitive damages do not stand because he fails to show any malice on the part of the dealership leaving his claims at $11,000, well below the $75,000 amount-in-controversy
requirement.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 20, 2023, Case #: 1:22cv1387, NOS: Other Contract - Contract, Categories: Damages, Consumer Law, Contract
J. Alston grants the technology company's motion for an injunction to bar the Navy from accessing, disclosing, or otherwise using the database schema for any purpose other than the normal use of the technology company's software. Naval employees uploaded the private software used to run diagnostics on aircraft carriers onto public websites in violation of the company's copyright rights.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: May 19, 2023, Case #: 1:23cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Military, Injunction