IT Worker Fails to Exhaust Retaliation Claim

Woman can’t tap UIM policy of business

By Paul Fletcher
Published: November 22, 2011
Tags: Federal Courts, Insurance, Judge Dennis Dohnal

After Tawny Grossberg was injured in a car wreck in 2005, a Richmond jury gave her a $615,000 verdict against the driver who hit her, plus $123,000 in interest. The defendant’s carrier paid its limits — $300,000. To recoup the remaining money, Grossberg sought to tap the underinsured motorist policy maintained by her husband’s business, [...]

No UIM Coverage for Wife Under Business Policy

By Deborah Elkins
Published: November 22, 2011
Tags: Insurance, Judge Dennis Dohnal, U.S. District Court - Eastern District

A woman injured in an automobile accident who collected $300,000 of a $738,000 judgment from the other driver could not collect the balance in UM/UIM coverage from a commercial insurance policy issued to her husband’s Richmond restaurant because she is not a “family member” of the named insured, which is the restaurant; a Richmond U.S. [...]

No FMLA leave for Gambling Jaunt

By Deborah Elkins
Published: November 11, 2011
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

A Verizon employee who was granted intermittent leave under the Family & Medical Leave Act for his depression, migraines and suicidal ideation, cannot sue Verizon for violation of the FMLA for terminating him after verifying that he spent several days of his intermittent leave gambling at an Atlantic City casino, after he had called in [...]

Pro Se Liable for $4,044 Attorney’s Fees

By Deborah Elkins
Published: November 10, 2011
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

In litigation asserting an Americans with Disabilities Act (ADA) claim, the Richmond U.S. District Court magistrate judge awards the full $4,044 attorney’s fees requested by a law firm opposing a pro se plaintiff’s motion to quash a subpoena continuing his deposition after his counsel withdrew; the magistrate found plaintiff agreed twice to continue his deposition [...]

Bond Counters Insolvency Threat

By Deborah Elkins
Published: November 2, 2011
Tags: Insurance, Judge Dennis Dohnal, U.S. District Court - Eastern District

In a mortgage lender’s successful suit against an insurance company that declined to cover losses on certain kinds of mortgage loans, a Richmond U.S. District Court denies defendant’s motion to stay execution of the count I judgment but grants an extension of time to secure a supersedeas bond. A negotiated resolution on longer appears feasible, [...]

Comp Bar Applies to Employee Slip & Fall

By Deborah Elkins
Published: November 2, 2011
Tags: Judge Dennis Dohnal, U.S. District Court - Eastern District, Workers’ Comp

An employee of Cracker Barrel restaurant who allegedly suffered injuries when she slipped and fell on ice in the restaurant parking lot cannot sue the restaurant for negligence; the employee is unsuccessful in arguing for application of an exception to the “going to and from work” rule, and the Richmond U.S. District Court grants summary [...]

Retaliation Damages for Sharing EEOC Charge

By Deborah Elkins
Published: October 20, 2011
Tags: Employment Discrimination, Judge Dennis Dohnal, U.S. District Court - Eastern District

A boatyard owner retaliated against an African-American boat painter when he shared with other area boatyard owners the boat painter’s EEOC charge, filed after the painter’s termination; the Richmond U.S. District Court Magistrate Judge who tried the case awards the painter $1,000 compensatory damages for emotional distress, and $1,000 in punitive damages. Plaintiff is an [...]

Collections Lawyer Liable for Attorney’s Fees

By Deborah Elkins
Published: October 13, 2011
Tags: Consumer Protection, Judge Dennis Dohnal, Judge Robert E. Payne, U.S. District Court - Eastern District

Having found defendant lawyer in fact authorized counsel to settle this suit alleging violations of the Fair Debt Collection Practices Act and the Virginia Consumer Protection Act, a Richmond U.S. District Court accepts a magistrate judge’s recommendation and orders defendant lawyer to pay plaintiffs $27,296.58 in attorney’s fees and costs. Since plaintiffs first requested attorney’s [...]

Insured Can Add Vicarious Liability Theory

By Deborah Elkins
Published: September 15, 2011
Tags: Insurance, Judge Dennis Dohnal, U.S. District Court - Eastern District

A medical company claiming breach of contract for failure to pay death benefits under a “key man” life insurance policy can add another company identified in discovery as responsible for providing notice of nonpayment and cancellation, the Richmond U.S. District Court said. Insured medical company sued insurer for failure to pay death benefits under a [...]