16 results for 'judge:"Urbanski "'.
J. Urbanski denies the staffing company's motion to dismiss a breach of contract claim as a third-party beneficiary. The system administrator who works as a subcontractor properly alleged that the data center he works at wanted to pay him $45 an hour, but the staffing company only paid him $40 an hour, skimming the extra $5 an hour.
Court: USDC Western District of Virginia, Judge: Urbanski , Filed On: April 19, 2024, Case #: 5:22cv74, Categories: Employment, Contract
J. Urbanski denies the university's motion to dismiss due process claims. A Ph.D candidate claimed his male supervisor routinely discriminated against him because the supervisor preferred women he could attempt to seduce. The supervisor received a grant from research the candidate did in his lab but instead of giving the research stipend to the male candidate he gave it to a female candidate he was supposedly in a romantic relationship with. The male candidate claims that after he reported the supervisor's actions the supervisor began a retaliation campaign consisting of harsh work assignments and creating a hostile lab environment. During this time the male candidate was accused of sexual assault by a classmate who the male candidate claims did not seek to pursue the candidate's dismissal from the university until the supervisor influenced her to do so. The process moved quickly and the university, supposedly under the supervisor's tutelage, refused to give the male candidate an extension for collecting evidence to defend himself from the accusation.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 7:21cv378, Categories: Education, Due Process, Employment Retaliation
J. Urbanksi grants the corporation a motion to dismiss. A cybersecurity expert hired by the corporation to head their apprentice program claims the corporation created a coverup to fire him for voicing ethical concerns regarding the apprentices. The expert told the corporation that he believed their practice of classifying the apprentices as contractors rather than employees is illegal. The expert fails to state a claim because Maryland has refused to recognize a cause of action for wrongful discharge where an employee is discharged after he complains internally of suspected wrongdoing without elevating his concerns to law enforcement.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 5:22cv7, Categories: Employment, Whistleblowers, Employment Retaliation
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J. Urbanski grants the purchaser's motion for default judgment. The car shop is accused of forging the purchaser's signature for the car's third-party loan, meaning without him knowing, he was failing to pay back the loan, leading to the vehicle being repossessed and sold. The car shop has failed to retain counsel.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 24, 2024, Case #: 5:22cv43, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Vehicle, Banking / Lending
J. Urbanski denies the jail's motion to dismiss a sex discrimination claim. The correctional officer sufficiently pled that despite her receiving a reprimand for her part, her male counterparts were not disciplined for a verbal confrontation, that she made lower pay than seven of her male coworkers and was fired for fewer reasons than males.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: January 8, 2024, Case #: 5:22cv57, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Urbanski denies the competitor's motion to dismiss a defamation suit. The company provides electronic pull tabs for regulated charitable gaming market and demonstrated that the competitor's comment to a potential client accusing the company of being involved in a severe state investigation could be perceived as making a statement of fact.
Court: USDC Eastern District of Virginia, Judge: Urbanski , Filed On: December 28, 2023, Case #: 7:23cv321, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, Defamation, Interference With Contract
J. Urbanski denies the college baseball coach's motion to dismiss. The college baseball player claims that the coach targeted the minorities on the team by grouping the lockers of minority players, informing all players that they were required to stand during the national
anthem to remain in good standing, directing only the players of color to get haircuts prior to team pictures, prohibiting players from attending a racial justice rally on campus, and referring to an Asian American player on the team as "Kim Chi," rather than by his name. The player complained to the school's athletic director, who ignored the allegations, giving the coach the lead way to continue harassing the minority players until cutting the player from the team, taking a year of his college eligibility and his scholarship. The player alleged enough facts to support that the coach's actions adversely affected the player.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: December 4, 2023, Case #: 7:23cv29, NOS: Education - Civil Rights, Categories: Education, First Amendment
J. Urbanski grants the county's motion to dismiss. The president of Black Lives Matter Shenandoah Valley sought monetary relief after he and fellow protestors were arrested while protesting the county's sheriff's department following the killing of George Floyd. The sheriff ordered his deputies to arrest the protestors for noise ordinance violations. In Virginia, a county cannot be held liable for the policies or practices of independent constitutional officers, such as the local elected sheriff, because those officers do not depend upon the governing bodies of their counties or cities for their authority.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: September 27, 2023, Case #: 5:22cv63, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Police Misconduct
J. Urbanski denies the officer's motion to dismiss excessive force claims in a wrongful death suit stemming from a fatal police shooting where an officer shot and killed an unarmed suicidal man. Under the circumstances alleged, the officer did not have reason to believe deadly force was necessary and he is not entitled to qualified immunity. Further, the family may pursue a Monell claim against the county for its failure to discipline the officer despite numerous reports of his use of excessive force.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: June 12, 2023, Case #: 7:22cv588, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Police Misconduct