Virginia Lawyers Weekly VA Lawyers Weekly

In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff Gregory Randolph brought suit against his former employer, Defendant PowerComm ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Per Curiam Opinion Unpublished Opinion

A Department of Labor investigator was correct to determine that hourly “per diem” payments were not compensation that could be deducted from back pay owed by Defendant Mountain Masonry Inc., the court found. After an employee complaint, the Department of ...

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

Appellant William C. O’Hara, a federal contractor’s former employee, did not make protected disclosures of fraud to the contracting agency and, based on his work performance, would have been terminated from employment notwithstanding such disclosures. After winning a contract with ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Allyson K. Duncan

Plaintiff Delcie Farmer, a medical employee with a severe latex allergy, may proceed to trial on claims that Defendant HCA Health Services of Virginia subjected her to illegal discrimination under the Americans with Disabilities Act (ADA). Farmer had been employed ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Employees of the federal judiciary are not entitled to the administrative and judicial review provisions of the Civil Service Reform Act (CSRA), the court held. Perteacher Drone, who had been a probation officer for the Eastern District of Virginia, was ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

On Plaintiff Sierra Club’s motion to recover fees and costs as the prevailing party, the court granted attorney fees of $457,718 and expert fees of $102,000, as well as certain litigation costs. Sierra Club had sued Virginia Electric & Power ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

Flynn v. U.S. Securities & Exchange Commission (VLW No. 017-2-212, 18 pp.) (Wynn Jr., J.) 16-2122; Dec. 7, 2017; on petition for review from the Merit System Protection Board. 4th Cir. Holding: The applicable version of 17 C.F.R. § 201.900(a) ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge James A. Wynn Jr.

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III Judge Stephanie Dawn Thacker

Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

Bowman v. ResCare, Inc.  (VLW No. 017-3-510, 14 pp.) (Gibney, J.) Civil Action No. 3:16-CV-601-JAG Holding: Where plaintiffs-employees claim their workplace conditions were poor, their supervisors ignored their complaints and treated them badly, and they were paid unfairly, and where ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District