Company Has Good Faith Contract Claim

Conditional Class Certified in Overtime Pay Case

By Deborah Elkins
Published: November 5, 2012
Tags: Judge Raymond A. Jackson, Labor, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies plaintiff discount store employees’ motion for equitable tolling of their suit for overtime pay under the Fair Labor Standards Act, and dismisses with prejudice FLSA claims related to assistant store managers, but dismisses plaintiffs’ non-Illinois state law claims without prejudice and grants plaintiffs’ motion for conditional certification and notice. [...]

Arbitration Ordered for Patent License Claim

By Deborah Elkins
Published: September 10, 2012
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A Norfolk U.S. District Court decides the threshold question of arbitrability and directs the two sides in a dispute over an agreement to license patents for genetically engineered plant cells to arbitrate their dispute, but the court maintains jurisdiction and stays the litigation pending arbitration. Plaintiff Bayer CropScience AG is a German company with its [...]

Claim Construction Outlined in Search Engine Case

By Deborah Elkins
Published: August 29, 2012
Tags: Intellectual Property, Judge Raymond A. Jackson, U.S. District Court - Eastern District

In this litigation over plaintiff company’s complaint that AOL, Google and other defendants have used their search advertising systems to infringe two of plaintiff’s patents, the Norfolk U.S. District Court issues an order after holding a claim construction hearing. Plaintiff I/P Engine Inc. has sued AOL Inc., Google Inc., IAC Search & Media Inc., Gannett [...]

VDOT Tech Has Immunity for Route Plan

By Deborah Elkins
Published: August 27, 2012
Tags: Insurance, Judge Raymond A. Jackson, U.S. District Court - Eastern District

A Norfolk U.S. District Court says a VDOT “hauling technician” who allegedly failed to map out a proper route for an airplane’s oversize radar antenna being transported from Baltimore to Norfolk, has sovereign immunity from a claim for damages filed by plaintiff insurance companies, who paid out an insurance claim after the antenna was damaged [...]

Office Manager Class Conditionally Certified

By Deborah Elkins
Published: August 8, 2012
Tags: Judge Raymond A. Jackson, Labor, U.S. District Court - Eastern District

In a collective FLSA action for overtime wages, a Norfolk U.S. District Court grants a motion to conditionally certify a class, filed by an administrative assistant who has worked for the company for five years. Defendant is a company engaged in providing disaster recovery and property restoration services to businesses in Virginia. Plaintiff claims she [...]

Strike For Pleadings Only

By Deborah Elkins
Published: August 2, 2012
Tags: Civil Procedure, Judge Raymond A. Jackson, U.S. District Court - Eastern District

In a collective Fair Labor Standards Act (FLSA) action alleging failure to pay overtime wages to employee and others similarly situated, the Norfolk U.S. District Court denies employer’s motion to strike parts of employee’s declaration and memorandum supporting her motion to certify; only pleadings can be the subject of a motion to strike under Rule [...]

Employee Class Action Consolidated

By Deborah Elkins
Published: August 2, 2012
Tags: Civil Procedure, Judge Raymond A. Jackson, U.S. District Court - Eastern District

In this action asserting claims for Declaratory Judgment Act (DJA) relief, fraud, rescission and violations of the Fair Labor Standards Act (FLSA), the Norfolk U.S. District Court accepts the recommendations of the magistrate judge to (1) dismiss the DJA and alleged minimum wage claims for failure to state; (2) deny dismissal of the fraud, rescission [...]

Magistrate’s Discovery Sanctions Sustained

By Deborah Elkins
Published: August 2, 2012
Tags: Civil Procedure, Judge Raymond A. Jackson, U.S. District Court - Eastern District

The magistrate judge properly sanctioned the United States $24,363 for evasive discovery tactics, the Norfolk U.S. District Court says. United States sued tugboat owner. During pretrial discovery, the United States delayed producing documents integral to tugboat owner’s defense. Tugboat owner filed and briefed four motions to compel and the magistrate judge conducted multiple intense hearings [...]

Va. Better Venue for Discount-Store FLSA Suit

By Deborah Elkins
Published: July 12, 2012
Tags: Judge Raymond A. Jackson, Labor, U.S. District Court - Eastern District

A Norfolk U.S. District Court accepts a transfer of venue from an Illinois federal court of this putative class action under the Fair Labor Standards Act alleging defendant Dollar Tree Stores Inc. required or permitted employees to work “off the clock” and overtime without compensation; nearly every factor – situs of material events and convenience [...]