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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
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
Opinion Digests
- Parent and child – Court refuses to order children returned to father in Paraguay
- Damages – Fees awarded to party after prevailing on appeal
- Negligence – Jury to decide if business had notice of spill
- Consumer Protection – Court approves FCRA settlement
- Search & Seizure – Police didn’t unreasonably prolong traffic stop
- Education – Court refuses to enjoin athletic ban on homeschooled students
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
