Spine Center May Seek Full Payment

No Summary Judgment on Severance Claim

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

The Lynchburg U.S. District Court denies employer summary judgment finding material disputes on whether employer revoked a severance offer and transferred employee without terminating him; employee’s admitted failure to file a timely complaint with the EEOC requires dismissal of his federal age discrimination claim but diversity jurisdiction is present. Employee over age 40 works as [...]

Hostile Environment Allegations Insufficient

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

The Richmond U.S. District Court dismisses with prejudice a pro se Virginia State University (VSU) professor’s hostile work environment claim arising out the reduction of her 2007 annual salary offer from $72,500 to $65,000; her Equal Pay Act (“EPA”) claim is dismissed without prejudice; a state law breach of contract claim is dismissed with prejudice [...]

Flight Attendants’ Suit Transferred

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, U.S. District Court - Eastern District

In two flight attendants’ employment discrimination action against a Chicago-based airline, the Illinois Northern U.S. District Court transfers the case to Virginia’s Eastern District; regardless whether 28 U.S.C. § 1404(a) or § 1406(a) is applied, the balance of relevant factors, particularly convenience, support transfer; airline waived venue as a basis for dismissal by omission from [...]

Allegations Insufficient on Race and Sex

By Deborah Elkins
Published: March 12, 2013
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

The Richmond U.S. District Court dismisses pro se employee’s Title VII claims for race and sex discrimination and retaliation; employee fails to allege either discrimination or any adverse employment action; her complaints of conflicting instructions, close supervision, a late paycheck and an omitted performance evaluation are insufficient. Employee is an African-American female who has worked [...]

Timely ‘Blue Letter’ Bars Claim

By Deborah Elkins
Published: February 27, 2013
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission denial of benefits to a nurse who received a “blue letter” notifying her of the deadline to file a claim within 17 days; this notice was timely even if close to the expiration of the two-year statute of limitations; nurse’s claim filed after deadline is barred. Employee works [...]

No Removal Under ‘Forum Defendant Rule’

By Deborah Elkins
Published: February 27, 2013
Tags: Civil Procedure, Judge Henry Coke Morgan Jr., U.S. District Court - Eastern District

A Norfolk U.S. District Court says defendant bank may not invoke the “forum defendant rule” to remove this employment contract claim to federal court prior to being served; on an issue that has split the federal courts, this court finds removal is improper since the unserved defendants are citizens of the state in which this [...]

No Tort Claim from Post-Merger Job Changes

By Deborah Elkins
Published: February 27, 2013
Tags: Employment, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A woman who continued to work for the new company after her former employer merged with another waste company, but who complained about her treatment by a different management team from the other company that “micromanaged” employees, has not stated a claim for tortious interference with business expectancy, says the Alexandria U.S. District Court. Plaintiff [...]

Ex-Employee Must Pay Employer’s Costs

By Deborah Elkins
Published: February 27, 2013
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

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 the recovery of $5,000.22 in costs that defendant allegedly incurred defending against plaintiff’s lawsuit. Defendant’s [...]

Four-Year Limitations for Post-Contract Bias

By Deborah Elkins
Published: February 27, 2013
Tags: Employment Discrimination, Judge John A. Gibney Jr., U.S. District Court - Eastern District

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 statute of limitations under 28 U.S.C. § 1658 applies, not the two-year statute under 42 [...]