No Infrastructure, But No Damages

Family settles birth injury claim for $25M

By Sarah Rodriguez
Published: September 10, 2012
Tags: Federal Courts, Judge Gerald Bruce Lee, Medical Malpractice, Million-Dollar Settlements, Tort

After six years and two federal appeals, the family of a child who suffered brain damage from a birth-related injury has reached a $25 million settlement with the U.S. Government. Jennifer Cibula, her husband, Capt. Andrew Cibula and their minor son, JC, sued the United States under the Federal Tort Claim Act, alleging that Navy [...]

HOA Not Liable for Attorney’s Fees

By Deborah Elkins
Published: September 6, 2012
Tags: Contract, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

Although a contract between a homeowners association and a telecommunications vendor calls for attorney’s fees for a party who prevails in litigation “commenced in connection with enforcing” the contract, an Alexandria U.S. District Court says this clause does not require the HOA to pay fees when it loses its suit to have the contract declared [...]

Parties Settled, But Can’t Seal Record

By Deborah Elkins
Published: August 16, 2012
Tags: Civil Procedure, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

An Alexandria U.S. District Court rejects the parties’ joint motion to seal the record after settlement of their case involving possible disciplinary action against plaintiff by a professional membership organization; the parties assert no significant interest that outweighs the public’s right of access that warrants sealing public records or redacting information. Plaintiff sued the CFA [...]

Courier Manager’s Age-Bias Claim Fails

By Deborah Elkins
Published: August 16, 2012
Tags: Employment Discrimination, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A courier company that hired a man in this 70s as station manager for its Washington, D.C., office, but fired him 16 months later for a series of errors and replaced him with a 28-year-old, wins summary judgment in the former employee’s age discrimination suit; the Alexandria U.S. District Court says even if plaintiff had [...]

Infringement Injunction Limited

By Deborah Elkins
Published: August 2, 2012
Tags: Intellectual Property, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

In a patent infringement action against American and French affiliates of two perfume manufacturers, the Alexandria U.S. District Court narrows a proposed permanent injunction and orders a mediated sunset rate for one firm still using infringing tubes. A United States manufacturer obtained two patents on fragrance pumps with a special disappearing dip tube. The American [...]

School Had FAPE for Down Syndrome Student

By Deborah Elkins
Published: July 5, 2012
Tags: Civil Rights, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A student with Down syndrome and significant cognitive defects has not demonstrated defendant school board violated the IDEA by failing to independently test him for auditory processing disorder, says an Alexandria U.S. District Court. The court holds that any claim under the Individuals with Disabilities Education Act for failure to evaluate the student for auditory [...]

No Emotional Distress from Harassment Claim

By Deborah Elkins
Published: June 20, 2012
Tags: Employment Discrimination, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A male restaurant employee who said he was harassed in response to complaining to management that the store manager was sexually harassing female employees by targeting employees who spoke little English and having sexual relations with them on the job, waited too late to file his own Title VII claim, and his allegations do not [...]

ERISA Violations But Only One Penalty

By Deborah Elkins
Published: June 20, 2012
Tags: Employment, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

After a two-day trial of an employee’s suit alleging ERISA violations, an Alexandria U.S. District Court holds that the plan administrator of plaintiff’s medical plan violated ERISA in failing to disclose an accurate and comprehensive Summary Plan Description within 30 days of plaintiff’s written request, and defendant must pay the maximum statutory penalty of $13,750, [...]

Employer Pays Maximum ERISA Penalty

By Deborah Elkins
Published: June 20, 2012
Tags: Employment, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

An employer that delayed in providing an ERISA life insurance plan participant with the statutorily required sufficient Summary Plan Description must pay plaintiff participant the maximum penalty of $37,510, or $110 per day for 341 days’ delay, says an Alexandria U.S. District Court. Defendants’ failure to provide timely disclosure of life insurance information to plaintiff [...]