Quantcast

Tag Archives: Judge Rebecca Beach Smith

Sovereign Immunity – Eleventh Amendment – Age Discrimination (access required)

Drewery v. Portsmouth City School Board (VLW No. 017-3-451, 14 pp.) (Smith, C.J.) 2:17-cv-20; E.D. Va. Holding:  For purposes of sovereign immunity, Virginia school boards act as independent local government agencies, not as arms of the state, and thus are ...

Read More »

Decedent’s Relative Claims Undue Influence (access required)

In this interpleader action, the Norfolk U.S. District Court grants plaintiff insurance companies’ motions to deposit $700,000 in life insurance proceeds with the court’s registry and says decedent’s brother, who earlier was a beneficiary of the insurance proceeds, has sufficiently ...

Read More »

Trustee May Pursue Debtor’s Title VII Claim (access required)

Although plaintiff has received a chapter 7 discharge, her bankruptcy case has been reopened and the bankruptcy trustee may pursue debtor’s Title VII claim against defendant community college, which debtor did not disclose in her earlier bankruptcy proceeding; the Norfolk ...

Read More »

Owners’ Pipeline Suit Remanded to State Court (access required)

Plaintiff pipeline company’s references to federal regulations in their complaint alleging defendant landowners violated plaintiff’s rights under an easement and Virginia state laws, do not show a basis for federal jurisdiction, and the Norfolk U.S. District Court remands plaintiff’s suit ...

Read More »

Court Rejects FCA Claim Based on SBA Program (access required)

A government contractor that received payments from federal agencies cannot be sued under the False Claims Act for allegedly making false statements on a form identifying the contractor as a participant in the Small Business Administration’s Section 8(a) Business Development ...

Read More »

No Immediate Return of $19M Medicaid Payments (access required)

A Norfolk U.S. District Court grants plaintiff children’s hospital’s motion for emergency injunctive relief against the Centers for Medicare and Medicaid Services’ enforcement of FAQ 33, in order to reduce a statutory payment adjustment to hospitals that serve a disproportionate ...

Read More »

Jury Can Hear Quid Pro Quo Harassment Claim (access required)

Although plaintiff probation officer’s supervisor purportedly was only being a “caring supervisor” when he rubbed her hand with his thumb and said he “hoped they could work something out” so she could keep her job, plaintiff has presented a jury ...

Read More »