Virginia Lawyers Weekly VA Lawyers Weekly

Where a confessed judgment was the result of the debtor originally breaching a payment obligation in his separation agreement, the ex-wife’s complaint plausibly alleged it was nondischargeable as debt “in connection with” a divorce or separation. Background Kent David Burstein ...

Tagged with: Bankruptcy Judge Frank J. Santoro U.S. Bankruptcy Court

Where a former case manager claimed her employer retaliated against her for taking leave under the Family and Medical Leave Act, or FMLA, her claims failed because the healthcare provider’s reasons for not selecting her for two positions was not ...

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

Where a patient who has a permanent and severe brain condition and follows the religious and cultural traditions of Jain Hindu alleged her diet at the commonwealth’s nursing facility violated her religious beliefs, but she did not provide details about ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where a dental hygienist at a Virginia correctional facility was allegedly terminated on suspicion of contraband even though her use of tampons during her period explained the discrepancies in sequential body scans, her Title VII sex discrimination claim may proceed. ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a man sued a Culpeper Police Department officer for false arrest and imprisonment, the claims were dismissed because they were filed more than two years after the date of the arrest and when the man was bound over for ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where it has not been resolved whether healthcare professionals caused or exacerbated the plaintiff’s injuries, he has not shown he is entitled to damages in excess of Virginia’s $2 million statutory cap on medical malpractice damages and thus lacks standing ...

Tagged with: Judge Michael F. Urbanski Medical Malpractice U.S. District Court - Western District

Where a defendant who pleaded guilty in 2011 to a drug conspiracy count demonstrated that his sentence would have been about 50% shorter if he was sentenced today, based on his exceptionally lengthy adult criminal past and history of committing ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where two residents claim that after they wrote a letter to other residents about their rights to a smoke-free and drug-free property and the letter was cited as a reason for their eviction, they plausibly alleged a claim for retaliation. ...

Tagged with: Judge M. Hannah Lauck Tort U.S. District Court - Eastern District

Where two executives are owed money under severance agreements, they failed to show that a new company that purchased their employer’s assets is responsible for the payments because the facts showed the new entity was not a continuation of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment

Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background ...

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