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Monthly Archives: February 2013

Fees Awarded After Spoliation Dismissal (access required)

After dismissing plaintiff’s suing alleging violations of the Americans with Disabilities Act and the Family Medical Leave Act, due to defendant’s destruction of his computer records and his computer, an Alexandria U.S. District Court orders plaintiff to pay attorney’s fees ...

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No Claim Against Counselor for Batterers (access required)

A defendant charged with assault and battery of his stepdaughter and ordered to participate in a Batterers Intervention Program has not stated Eighth Amendment or Equal Protection claims against the counselor in private practice who offers counseling in the program ...

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Ex-Employee Must Pay Employer’s Costs (access required)

A Charlottesville U.S. District Court that earlier granted summary judgment to defendant Kroger store in a deli manager’s suit alleging race discrimination now awards the employer $4,588.37 in costs. Defendant filed a bill of costs pursuant to Rule 54(d)(1), seeking ...

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Four-Year Limitations for Post-Contract Bias (access required)

A Richmond U.S. District Court denies reconsideration of defendant’s motion to dismiss this suit by plaintiff who alleges race discrimination by defendant state university in violation of 42 U.S.C. § 1981; on a first-impression question, the court says the four-year ...

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Agency Pesticide Opinion ‘Arbitrary,’ Court Says (access required)

A “biological opinion” issued by the National Marine Fisheries Service to the Environmental Protection Agency is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706, and the 4th Circuit reverses summary judgment for the Fisheries Service and ...

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