No Costs for Deposition on Damages

Employee Fired for Lie on Job Application

By Deborah Elkins
Published: December 18, 2012
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District

Although a female construction site “helper” claims her marriage to a coworker was annulled before she applied to work for the construction firm, the firm nevertheless could conclude she still was “related to” him under the company’s broad rules about “relatives,” where she and he provided the same home phone numbers and he listed her [...]

Deli Manager Can’t Show Bias in Discharge

By Deborah Elkins
Published: December 18, 2012
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court grants summary judgment to employer, a Kroger store, in this suit alleging race discrimination filed by an African-American employee who was deli manager when the company terminated his 29-year career based on its discovery that plaintiff had given and received unauthorized price reductions on deli department merchandise. Plaintiff has not [...]

No ADA Claim from Back Pain, Lifting Limits

By Deborah Elkins
Published: December 11, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Stephanie Dawn Thacker

A former employee of an American Red Cross Chapter has no grounds for his suit alleging disability discrimination based on his allegations that he was expected to exceed a 15-pound limit on lifting due to his back pain and was fired after he complained about his pain and inquired about filing for workers’ compensation; the [...]

Litigation pitfalls and pratfalls

By Deborah Elkins
Published: December 10, 2012
Tags: Attorneys Fees, Civil Procedure, Discovery, Employment Discrimination, Fairfax County Circuit Court, Federal Courts, Law Firms, Legal Malpractice, Personal Injury, Real Estate, Richmond Circuit Court, Sanctions, Social Media, Supreme Court of Virginia News, Year in Review

Lawyers can find plenty of ways to stay out of a courtroom. Instead of the hand-to-hand combat of a trial before judge or jury, they can opt for some form of alternative dispute resolution. But the lure of the courtroom stays strong, for a whole class of litigators and for those who just enjoy stories [...]

Employee Dismissed for Workplace Incident

By Deborah Elkins
Published: December 5, 2012
Tags: Employment Discrimination, Judge James C. Turk, U.S. District Court - Western District

A 69-year-old plaintiff who had a heated argument with a 56-year-old coworker that threatened to erupt into violence cannot sue for age discrimination after both parties were fired by defendant auto parts company; the Roanoke U.S. District Court grants summary judgment to defendant employer. The court will assume arguendo that plaintiff can establish a prima [...]

No ADA Claim After Hand Injury

By Deborah Elkins
Published: December 5, 2012
Tags: Employment Discrimination, Judge Michael F. Urbanski, U.S. District Court - Western District

A Harrisonburg U.S. District Court dismisses plaintiff’s suit alleging her former employer discriminated against her by forcing her off its property because she could not perform her job due to medical work restrictions after she allegedly injured her hand on the job; a finding that plaintiff receives social security disability benefits works against her claim [...]

Protest of Boorish Comments Not Protected

By Deborah Elkins
Published: November 28, 2012
Tags: Employment Discrimination, Judge Jackson L. Kiser, U.S. District Court - Western District

A male press operator at a Chatham plant that manufactured business forms has not stated a claim for Title VII retaliation based on his complaint about boorish comments made by a male production manager, in the presence of other male employees, about male and female genitalia; the Danville U.S. District Court says plaintiff may have [...]

Assault By Coworker States Harassment Claim

By Deborah Elkins
Published: November 28, 2012
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A former restaurant server has stated a Title VII claim for sexual harassment with allegations that an unidentified coworker sexually assaulted her in the workplace, but the Roanoke U.S. District Court dismisses her claim for retaliation. Plaintiff alleges a coworker backed her into a food storage cabinet, “grabbed’ her, kissed her against her will, touched [...]

Disabled Plaintiff Sues Over Retail Access

By Deborah Elkins
Published: November 28, 2012
Tags: Employment Discrimination, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A plaintiff who uses a scooter and wheelchair for mobility has stated state and federal disability discrimination claims against defendant Colonial Williamsburg Foundation for its operation of the Merchants Square retail village, which plaintiff alleges imposes numerous barriers to his access to parking, accessible routes, public restrooms and goods and services; the Newport New U.S. [...]