ERISA ‘Wrongful Discharge’ Claim Too Late

IT Contract, Audit Statements Support Fraud Claims

By Deborah Elkins
Published: October 15, 2012
Tags: Judge Henry E. Hudson, Securities Fraud, U.S. District Court - Eastern District

A Richmond U.S. District Court says a putative class of investors may sue a public IT company on securities fraud claims alleging company executives made misleading statements of material fact about the company’s ability to fulfill a multi-billion dollar contract to develop a fully integrated records system for the United Kingdom’s National Health Service, and [...]

Termination violated FLSA anti-retaliation clause, plaintiff claims – $400,000 Settlement

By Virginia Lawyers Weekly
Published: October 1, 2012
Tags: Employment, Federal Courts, Judge Henry E. Hudson

Plaintiff Kathy P. Minor alleged defendant Bostwick Laboratories Inc. terminated her on May 12, 2008, in violation of 29 U.S.C. § 215(a)(3), the anti-retaliation provision of the Fair Labor Standards Act. From Dec. 24, 2007 until the date of her termination, Minor worked at Bostwick as a medical technologist. In early 2008, Minor learned of [...]

State Agency Wins ‘Whistleblower’ Case

By Deborah Elkins
Published: September 26, 2012
Tags: Employment, Judge Henry E. Hudson, U.S. District Court - Eastern District

The State Board of Elections wins summary judgment in a suit filed by an African-American female alleging the agency terminated her as contracts and services coordinator for calling a state fraud hotline with concerns about the award of a sole source contract under state procurement procedures, in this case from Richmond U.S. District Court. Plaintiff [...]

Former Homeowner States Fraud Claim

By Deborah Elkins
Published: September 26, 2012
Tags: Judge Henry E. Hudson, Real Estate, U.S. District Court - Eastern District

A homeowner who says representatives of defendant Wells Fargo told him foreclosure sale of his home would be cancelled if he provided tax information, which he provided in reliance on their representations, has stated claims for actual and constructive fraud, but the Richmond U.S. District Court dismisses claims for breach of the note and deed [...]

Editor’s Notebook: Richmond Bar welcomes Justice Kagan

By Deborah Elkins
Published: September 21, 2012
Tags: Bar Associations, Federal Courts, Judge Henry E. Hudson, U.S. Supreme Court

Don’t hesitate to engage with your interlocutor if you appear before the U.S. Supreme Court, advised Justice Elena Kagan. That’s exactly what she did in her Sept. 20 appearance before the Richmond Bar Association. She opened with gracious compliments for the Richmond legal community, acknowledging that it takes bench and bar to keep the Eastern [...]

‘Race’ Claim Overlaps ‘National Origin’ Charge

By Deborah Elkins
Published: September 17, 2012
Tags: Employment Discrimination, Judge Henry E. Hudson, U.S. District Court - Eastern District

Although plaintiff truck driver, a native of Puerto Rico, only checked boxes for “national origin” and “retaliation” in his EEOC charge and scribbled over the box for “race,” a Richmond U.S. District Court says he is not barred from pursuing a Title VII race discrimination claim. A plaintiff is not strictly limited to those discrimination [...]

No Dec Action for Contractor Indemnification

By Deborah Elkins
Published: September 12, 2012
Tags: Insurance, Judge Henry E. Hudson, U.S. District Court - Eastern District

Plaintiffs who allege the contractor they paid for mold remediation and remodeling botched the job and left the property uninhabitable, and misrepresented that he held a license, cannot sue the insurance carrier for the contractor and his business until they show that they have unsuccessfully attempted to collect a judgment, but the Richmond U.S. District [...]

No Claim Under DOT’s ‘Applicable Law’

By Deborah Elkins
Published: September 10, 2012
Tags: Judge Henry E. Hudson, Real Estate, U.S. District Court - Eastern District

A homeowner who defaulted on her mortgage cannot sue defendant servicer of the underlying note on a claim that defendant’s representative assured her the property was not subject to foreclosure because the homeowner was under consideration for a HAMP loan modification, and the Richmond U.S. District Court dismisses her lawsuit. Plaintiff’s nonpayment of her mortgage [...]

Fees Awarded in Political Petition Case

By Deborah Elkins
Published: September 10, 2012
Tags: Civil Rights, Judge Henry E. Hudson, U.S. District Court - Eastern District

A former candidate for the U.S. House of Representatives who won his suit challenging a Virginia statute that required Virginia district residency for candidates for political office wins attorney’s fees of $180,912.94 and costs of $19,964.61 from the Richmond U.S. District Court. Although plaintiff here did not obtain immediate relief – that is, a preliminary [...]