No ‘Self-Publication’ Defamation in Virginia

Nurse’s Discharge Not ADA Violation

By Deborah Elkins
Published: May 1, 2012
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District

A nurse with a history of substance abuse treatment, patient medication errors and supervised performance cannot challenge her termination as a violation of the Americans with Disabilities Act, says an Alexandria U.S. District Court. In order to qualify as an individual “being regarded as having an impairment,” an individual must establish that he or she [...]

Terminated Doc’s Practice Purchase Thwarted

By Deborah Elkins
Published: April 17, 2012
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

A doctor who had a consulting agreement with defendant for assistance in starting a medical practice, and who discussed secretly negotiating purchase of the practice that had terminated him, cannot sue the consultant or other parties who ultimately purchased the practice for fraudulent conveyance, breach of fiduciary duties or breach of contract, says an Alexandria [...]

Company wins fee dispute after settlement – $617,627 Verdict for Defendant

By Virginia Lawyers Weekly
Published: March 26, 2012
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

The lawsuit arose from a settlement agreement reached in prior litigation between the plaintiffs Best Medical International Inc. and Best Vascular Inc. (collectively, “Best”) and the predecessor-in-interest of the defendant Eckert & Ziegler Nuclitec GmbH (“EZN”). The settlement agreement required Best to decontaminate and decommission a production line housed in a manufacturing plant in Braunschweig, [...]

Delivery Driver Discipline Not Discriminatory

By Deborah Elkins
Published: February 29, 2012
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District

An African-American package delivery driver who alleges race discrimination in his termination and retaliation when he was reassigned to a different route after he successfully grieved his termination, loses his case on summary judgment as the employer has demonstrated plaintiff’s termination was due to insubordination and the employer had authority to change his delivery route. [...]

Sub Did Not Breach Government IT Contract

By Deborah Elkins
Published: February 16, 2012
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

In this dispute between two government IT contractors, the Alexandria U.S. District Court grants summary judgment for defendant subcontractor on plaintiff contractor’s allegation that the sub, in addition to inducing the contractor’s foreseeable detrimental reliance that sub would continue to support the contractor on a potential follow-on contract, breached its underlying subcontract with plaintiff contractor [...]

Res Judicata Bars M&A Company’s Claim

By Deborah Elkins
Published: January 12, 2012
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

A Virginia-based mergers & acquisitions company cannot sue a Canadian company for failure to pay for the Virginia company’s services in valuing a subsidiary of defendant and identifying a prospective purchaser; the Alexandria U.S. District Court says the suit is barred by res judicata, as the Virginia company already unsuccessfully pursued these same claims against [...]

Parties Settle Case, Sue Over Settlement

By Deborah Elkins
Published: December 13, 2011
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

In this contract action over alleged breaches of an agreement between a Virginia business and a German corporation, including a dispute over performance of and payment for decontamination and decommissioning of production lines for manufacture of a product for patients suffering from a narrowing of coronary arteries, the Alexandria U.S. District Court says the claim [...]

Disciplinary Record Justified Delayed Promotion

By Deborah Elkins
Published: November 17, 2011
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court grants summary judgment for a county sheriff who delayed promoting a deputy to sergeant until more than three years after the deputy scored “highly qualified” on a qualifying exam; plaintiff deputy failed to present sufficient evidence that his disciplinary record was a mere pretext for his delayed promotion or to [...]

Groups Have No Standing in Greenhouse Gas Suit

By Deborah Elkins
Published: November 14, 2011
Tags: Environmental, Judge Claude M. Hilton, U.S. District Court - Eastern District

Plaintiff environmental groups lack standing to seek declaratory and injunctive relief for alleged violations of federal law arising from government purchasing contracts for fuel derived from Canadian oil sands recovered crude (COSRC) oil, and the Alexandria U.S. District Court dismisses their suit. Plaintiffs allege defendants’ contracts violated Section 526 of the Energy Independence and Security [...]