Virginia Lawyers Weekly VA Lawyers Weekly

Res judicata applied to claims that an injured worker discovered when she deposed her doctor after the Workers’ Comp ensation Commission’s denial of her initial claims. She had initially chosen not to depose him due to the cost, but this ...

Tagged with: Administrative Employment Judge Robert J. Humphreys Virginia Court of Appeals Workers' Compensation

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

Tagged with: Attorneys Fees Civil Practice Employment Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District Wage & Hour

A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s ...

Tagged with: Disability Employment Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

After approving a settlement of $285,000 for the Plaintiffs’ wage claims, a federal court also awarded about 80 percent of their requested fees, noting that the Defendant fought every issue “to its last breath.” Background This is a Fair Labor ...

Tagged with: Attorneys Fees Civil Practice Class Action Employment Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District Wages

An employer enjoined from moving its operations could no longer pursue its appeal after an arbitrator’s final decision. The matter was moot, despite the employer’s intention to seek attorneys’ fees. Background Appellant Airgas Inc. operates a facility in Hyattsville, Maryland, ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Civil Procedure Contract Employment Judge Pamela A. Harris Labor

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

Tagged with: Civil Rights Disability Employment Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

A veteran waived his right to bring USERRA claims against his employer by signing a general release in a severance agreement, but further inquiry was necessary as to how the consideration for this release compared to benefits he would have ...

Tagged with: Contract Employment Employment Discrimination Judge Glen E. Conrad U.S. District Court - Western District

Based on a broadly-worded employment agreement, an employer could unilaterally stop providing care payments for an injured employee based on a doctor’s assessment that the employee no longer needed such care. Background While working for Appellee Sonny’s Auto Racing, Appellant ...

Tagged with: Administrative Contract Employment Judge Richard Y. AtLee Jr. Virginia Court of Appeals Workers' Compensation

A federal district judge granted defendants summary judgment after striking the plaintiff’s post-deposition declaration. The court found “egregious” inconsistencies between the declaration and prior deposition testimony. Background Plaintiff Kimberly S. Moore worked as a hospital admissions clerk since 1991. Defendant ...

Tagged with: Civil Procedure Employment Employment Discrimination Judge James P. Jones U.S. District Court - Western District