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Attorney’s First Amendment retaliation claim survives
Where a former Town of Pound attorney alleged that he was terminated less than one week after he provided deposition testimony about alleged corruption and abuse of power by the mayor, and his interest in speaking on the issue outweighed the town’s interest in providing efficient services, his First Amendment retaliation claim survived the town’s […]
Alexandria Fire Department prevails on race bias claim
Where a firefighter with the Alexandria Fire Department alleged he was passed over for a one-year paramedic internship because of his race, but the evidence showed the placement of interns was nondiscriminatory, judgment was awarded to the fire department. Background Micheall Lyons alleges that his employer, the Alexandria Fire Department, intentionally discriminated against him because […]
School bus driver fails to show race discrimination
Where the uncontradicted evidence showed the bus driver was not meeting her employer’s legitimate expectations at the time of termination; she could not point to a similar-situated comparator who was treated differently and she could not show the school board’s reasons for termination were pretext for discrimination, the school board was granted summary judgment. Background […]
Franchisor’s parent was not plaintiffs’ employer
Where plaintiffs sued Wyndham Hotels & Resorts for violating the Fair Labor Standards Act and Title VII of the Civil Rights Act, but Wyndham showed it was never the plaintiffs’ employer, and was only the corporate parent of the franchisor, it was granted summary judgment on the employment claims. Background This case arises out of […]
Officer sues police department for bias
Where a Richmond police officer alleged that he was not promoted because of his race, national origin and age, and that a sergeant retaliated against him after he complained, his discrimination and retaliation claims survived the department’s motion to dismiss. Background Naitraj David alleges that the City of Richmond Police Department or RPD, discriminated against […]
Out-of-state resident subject to VA choice-of-venue clause
Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, a former employee of The Hilb Group of New England LLC or THO-NE, who has […]
School principal offers evidence of FMLA retaliation
Where a former high school principal offered an affidavit from a school board member saying he was told she was demoted because she took leave under the Family Medical Leave Act, or FMLA, the school board’s summary judgment motion on a retaliation claim was denied. Background Lila Jean Jenkins, a former public high school principal, […]
Suit dismissed over administrative technicality
Where a former Town of Abingdon employee exhausted her administrative remedies, but her complaint failed to allege that she had done so, and the court could not rely upon the extrinsic evidence showing exhaustion, the suit was dismissed with leave to replead. Background In this employment discrimination case, Stacey Lynn Reichler asserts claims against her […]
Reinstatement and back pay ordered
Where a grievance panel decided that appellant was entitled to reinstatement and back pay, the circuit court erred by declining to implement the decision after considering additional evidence. The circuit court lacked the authority to consider facts not presented to the panel. Code § 15.2-1507(A)(11) limits the court to either implement the panel’s decision or […]
Vocational workers are ‘employees’ under NLRA
Where the National Labor Relations Board concluded that the relationship between a vocational services program and disabled janitors was akin to a “typically industrial” relationship, thus making the janitors “employees” under the National Labor Relations Act, and substantial evidence supported that finding, its decision was affirmed. Background Sinai Hospital of Baltimore Inc.’s vocatio[...]
FLSA statute of limitations tolled
Where the district court issued a stay to allow the defendant to take an interlocutory appeal to the Fourth Circuit, which prevents plaintiffs from sending notices to putative collective members and limits their ability to opt in, the extraordinary circumstances beyond the plaintiffs’ control justified equitable tolling of the statute of limitations. Background Plaintiffs bring […]
Class conditionally certified in FLSA overtime suit
Where call center workers submitted declarations to support their claims that a company-wide policy required them to work before the start of their shifts, through unpaid meal breaks and after their shifts ended, their motion for conditional certification was granted. Background Plaintiffs bring this action individually and on behalf of all other similarly situated individuals […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
