Virginia Lawyers Weekly VA Lawyers Weekly

Where a home health care worker alleged she was touched repeatedly against her will; forced to touch her harasser’s penis through his pants; forcibly restrained and assaulted and subjected to his lying in wait and then exposing himself, she plausibly ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where exotic dancers claimed they were not compensated for working more than 40 hours per week, and managers alleged their time sheets were altered to prevent them from being compensated in excess of 40 hours, they plausibly alleged violations of ...

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

Where a former Virginia Beach city employee was terminated for making comments that she believed a gunman who killed and injured several city employees was “pushed until he snapped” and may have been bullied by supervisors, her comments were individualized ...

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

Each of the defendant’s objections to jurisdictional discovery was rejected, including its patently improper general objections, overbreadth arguments that were inadequately supported, assertions the court erred in allowing the discovery in the first place and claims of privilege without a ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Although a customer who shot and killed an employee of an optometrist located at a Walmart store in Yorktown purchased the weapon at Walmart, the private nuisance and negligence claims against Walmart were dismissed. The employee maintained no property right ...

Tagged with: Judge Raymond A. Jackson Negligence U.S. District Court - Eastern District

Although a man convicted for his role as the getaway driver in the robberies of Rolex watches from two jewelry stores argued the government failed to prove he had knowledge that a firearm would be used, evidence showing he was ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Kenneth D. Bell

Where homeowners alleged a railroad was liable for flooding damage to their properties because it failed to maintain a culvert, their expert testimony was excluded and they offered no other competent evidence, the homeowners failed to show causation sufficient to ...

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

It was “arbitrary and capricious” and a violation of due process for the Social Security Administration, or SSA, to categorically terminate the benefits of a class of claimants without giving them an opportunity to rebut the allegation that their benefits ...

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

Where a Stafford County deputy initially offered to assist the plaintiff with his disabled vehicle, but then demanded the plaintiff produce identification, that demand converted the voluntary encounter into an investigatory stop for which the officer lacked reasonable suspicion of ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Roger L. Gregory

Where a food manufacturer prevailed on its breach of contract counterclaim because its contract with a food buyer was unambiguous, the decision was affirmed. The decision found that even if the contract was ambiguous, it led to the same result, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge G. Steven Agee