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4th Circuit reverses ERISA class cert order
The 4th U.S. Circuit Court of Appeals reversed a class certification order in Trauernicht v. Genworth Financial, ruling ERISA § 502(a)(2) claims are individualized monetary claims.
Employment- Korean government agency dismissed from employment suit
Where a woman sued an agency of the Korean government that was not engaging in exempt commercial activity, the agency was immune from suit. Background Hyuna Lee sued Korea Innovation […]
Employment – Jury to decide if government retaliated against employee
Where an employee was allegedly told that he would be fired if he filed an EEO complaint against two supervisors, and he was fired three months after he filed an […]
Employment- Company dismisses discrimination and hostile work environment claims
Where a man sued his former employer for discrimination and a hostile work environment, but his complaint failed to plead facts making these claims plausible, they were dismissed. Background Anthony […]
Employment – Company prevails on former employee’s myriad claims
Where a woman failed to plausibly allege facts sufficient to support her claims for discrimination, retaliation or a hostile work environment, her former employer’s motion for judgment on the pleadings […]
Employment – Wife’s employment claims against husband’s business are dismissed
Where a wife filed multiple claims against her husband’s company, alleging she was not paid a regular salary for 11 years of work, but none of her claims were plausible, […]
Tort – Credit reporting agency prevails on expunged convict’s claims
Where a man alleged a company wrongly reported his conviction after it was expunged, his suit was dismissed. Reporting the expunged convictions was not inaccurate under Fair Credit Report Act, […]
Employment – Court dismisses federal employment claims
Where a woman asserted multiple employment-related claims against her former employer and several employees, but some of her claims were not timely, others were not exhausted and the remaining federal […]
Administrative – ALJ’s denial of disability insurance benefits claim is affirmed
Where the administrative law judge denied an applicant’s claim for disability insurance limits, reasoning that he could still perform a range of light work, and the decision was sufficiently explained […]
Employment – Employer prevails on FLSA claim
Where a man sued his employer for alleged unpaid wages, the employer was granted summary judgment on the Fair Labor Standards Act claim. The man was a piece-rate employee, his […]
Employment: Coal miner’s wife is awarded Black Lung Benefits
Where a doctor reached his diagnosis of pneumoconiosis based, in part, on terminal arterial blood gas studies, the administrative law judge did not err in finding the report sufficiently “linked” the studies results to the decedent’s pneumoconiosis.
Employment: In issue of first impression, court construes NLRA manager exception
Where a company argued an instructor was a managerial employee, and thereby excluded from the National Labor Relations Act’s protection against retaliation, this argument failed. The employee was not permitted to formulate or effectuate management policies; had no ability to alter the curriculum he taught; played no role in selecting students for training; was not allowed to independently discip[...]
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
