Court Says “No” to ESI Costs

Attorney’s Fees Denied in ERISA Case

By Deborah Elkins
Published: August 16, 2011
Tags: Employment, Judge Dennis Dohnal, U.S. District Court - Eastern District

A Richmond U.S. District Court magistrate judge denies attorney’s fees to an insurance company that won an ERISA suit filed an employee agent who alleged he qualified for 33 years of service credit on a pension, rather than the 19 years for which he received credit. Defendants now seek an award of attorney’s fees pursuant [...]

Company Can Sue for ‘Key Man’ Policy Benefits

By Deborah Elkins
Published: July 13, 2011
Tags: Insurance, Judge Dennis Dohnal, U.S. District Court - Eastern District

A medical company that owned a $500,000 “key man” life insurance policy on an employee may sue the insurance company for breach of contract after the carrier refused to pay death benefits and claimed the policy had been cancelled for nonpayment of premiums; although Va. Code § 38.2-232 does not create a private right of [...]

Case Not ‘Moot’ After Rule 68 Offer Accepted

By Deborah Elkins
Published: July 13, 2011
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

Although a law firm says a plaintiff’s suit under the Fair Debt Collection Practices Act is moot after plaintiff accepted the firm’s Rule 68 Offer of Judgment, the firm can’t prevent entry of judgment for the plaintiff, and the Richmond U.S. District Court magistrate judge throws in attorney’s fees for the plaintiff for having to [...]

No Error in Pension Service Credit Calculation

By Deborah Elkins
Published: June 21, 2011
Tags: Employment, Judge Dennis Dohnal, U.S. District Court - Eastern District

A Richmond U.S. District Court magistrate judge grants summary judgment to defendant insurance company in an insurance agent’s lawsuit alleging the insurer should have credited him with 33 years of service credits toward retirement to include a period of long-term disability, instead of the 19 years of service credit he was given. Unfortunately, the plan [...]

Contract Counterclaim Against FLSA Plaintiff Dismissed

By Deborah Elkins
Published: June 6, 2011
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

A Richmond U.S. District Court magistrate judge dismisses an employer’s counterclaim against plaintiff, who sued for overtime pay, because employer makes only conclusory assertions and does not allege facts supporting his claims that plaintiff is liable to repay a loan and to reimburse employer for his personal use of a company cell phone. Plaintiff sued [...]

Some Emails Protected by Attorney-Client Privilege

By Deborah Elkins
Published: May 31, 2011
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

After in camera examination of a series of emails and other documents that circulated in defendant company, and considering whether in-house counsel appears to be discussing business or legal issues, a Richmond U.S. District Court magistrate judge orders disclosure of eight documents to plaintiff brokerage firm in this contract dispute, but says two additional documents [...]

Retaliation Trial for Employer Who Shared EEOC Charge

By Deborah Elkins
Published: May 18, 2011
Tags: Employment Discrimination, Judge Dennis Dohnal, U.S. District Court - Eastern District

A Richmond U.S. District Court says a boatyard owner is not entitled to summary judgment in an African-American boat painter’s claim that defendant owner violated Title VII when he fired plaintiff without explanation, then retaliated after plaintiff filed an EEOC charge by warning other area boatyard owners about the EEOC charge, allegedly causing plaintiff to [...]

Dismissal Recommended for Third-Party Complaint

By Deborah Elkins
Published: April 7, 2011
Tags: Admiralty, Judge Dennis Dohnal, U.S. District Court - Eastern District

In this suit in which a contractor alleges injuries from the explosion of a ship’s propane tank as he refilled it on land for a commercial fishing operation, a magistrate judge for the Richmond U.S. District Court recommends dismissing third-party defendant Northern Neck Gas Company, but denying dismissal of third-party defendant George Noblett Inc. On [...]

‘Show Cause’ Issued Against Pro Se Plaintiff

By Deborah Elkins
Published: March 29, 2011
Tags: Civil Procedure, Judge Dennis Dohnal, U.S. District Court - Eastern District

A Richmond District Court magistrate judge recommends that a self-styled “semi-professional litigator” be ordered to show cause why he should not be sanctioned for filing what appears to be yet another of his ongoing frivolous and vexatious lawsuits, in violation of the court’s pre-filing injunction. A search through all federal dockets yields a total of [...]