Policy Language Deters ‘Stacking’ UIM Coverage

No Claim for Insurance Claims Rep Job

By Deborah Elkins
Published: November 2, 2011
Tags: Employment Discrimination, Judge Claude M. Hilton, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants summary judgment for defendant insurance company in plaintiff’s suit alleging age, religious and race-based discrimination in the company’s failure to hire plaintiff, an African-American, Jewish woman who is over 40 years old. Defendant GEICO indicated plaintiff was not selected for employment as a claims representative because of a misdemeanor [...]

Foreclosure Complied With Deferral Agreement

By Deborah Elkins
Published: October 20, 2011
Tags: Consumer Protection, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court granted lender and a substitute trustee summary judgment on borrowers’ breach of contract, emotional distress and fraud claims; lender’s actions complied with the deed of trust and subsequent agreement to defer foreclosure to allow review of financial information borrowers submitted to support loan modification. Borrowers obtained a mortgage loan for [...]

Foreclosure Complied With Deferral Agreement

By Deborah Elkins
Published: October 17, 2011
Tags: Consumer Protection, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court grants lender and a substitute trustee summary judgment on borrowers’ breach of contract, emotional distress and fraud claims; lender’s actions complied with the deed of trust and subsequent agreement to defer foreclosure to allow review of financial information borrowers submitted to support loan modification. Borrowers obtained a mortgage loan for [...]

Expert Needed for Legal Malpractice Claims

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

A restaurant worker who lost his claim alleging immigration-based employment discrimination also loses his suit alleging legal malpractice by his former attorney and law firm, as he has failed to present the necessary expert evidence to support his claims, an Alexandria U.S. District Court says. Plaintiff sued defendants Immigration Reform Law Institute and Sharma Hammond, [...]

‘Shoving Incident’ Not Sexual Harassment

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

A woman who alleged her male supervisor physically assaulted her by shoving her on the arm after she made a comment during a work place meeting that he found offensive, cannot sue for sexual harassment, an Alexandria U.S. District Court says. Plaintiff has not shown that any alleged harassment was based on her gender or [...]

Failure to Use Union Bars Employee Claims

By Deborah Elkins
Published: September 15, 2011
Tags: Employment, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court dismisses a former employee’s claims as barred by his failure to allow his union an adequate opportunity to represent him as provided in the collective bargaining agreement his employer signed under the Labor Management Relations Act. Employee began work as a security guard for a federal government contractor shortly after [...]

CGL Policy Does Not Cover Nonperformance

By Deborah Elkins
Published: September 15, 2011
Tags: Insurance, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court grants insurer summary judgment on a couple’s claim for damages under a general liability policy and default judgment against the insured real estate remodeling company, following the recommendation of the magistrate judge after insured failed to appear or file objections. Insurer issued insured a one year commercial general liability policy [...]

Time Lapse Defeats Discrimination Claims

By Deborah Elkins
Published: September 15, 2011
Tags: Employment, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court grants employer’s motion for summary judgment on employee’s claims of sexual harassment, sexual discrimination and retaliation under Title VII; employee failed to show an isolated instance of shoving was based on gender or changed her work environment; the five months separating her internal complaint and appointing a new supervisor is [...]

Teleworker Could Not Show Satisfactory Performance

By Deborah Elkins
Published: September 15, 2011
Tags: Employment, Judge Claude M. Hilton, U.S. District Court - Eastern District

The Alexandria U.S. District Court grants employer summary judgment because employee failed to show satisfactory performance at the time of termination and failed to allege a prima facie hostile work environment claim under the Age Discrimination in Employment Act (ADEA). Employer hired employee age 58 in 2004 as a development assistant and promoted her in [...]