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Opinion Digests

Nov 20, 2023

Retaliation claim survives in fraud against taxpayers case

Where plaintiff, a program manager for the City of Norfolk, alleged the city violated the Virginia Fraud Against Taxpayers Act by retaliating against her after she complained about practices and policies she viewed as wasteful, she has not stated a claim based on VFATA. Tool policy Plaintiff “alleges that a written policy from 2020 required […]

Nov 20, 2023

No COVID tolling before claim accrues

Where plaintiffs’ cause of action accrued during a COVID-19 judicial emergency, they are only entitled to the tolling period after the cause of action accrued. They are not entitled to tolling before their cause of action accrued. Only after “The accident giving rise to the cause of action occurred on June 7, 2020. … Pursuant […]

Nov 20, 2023

City did not comply with eminent domain mandates

Where a city sought to obtain the landowners’ property by eminent domain, the landowners’ motion to dismiss is granted without prejudice. “[T]he City failed to comply with the statutory requirements relating to eminent domain.” Background After the city and the landowners could not come to terms regarding the city’s acquisition of their property, the city […]

Nov 14, 2023

Pseudonymity denied to man suing alleged assault victim

Where a man sued a woman after she accused him of sexual assault, the district court did not err in denying his motion to proceed using the pseudonym “John Doe.” Background Appellant John Doe filed this civil action against appellee Jane Doe after she accused appellant of sexual assault. When appellant filed his complaint, he […]

Nov 14, 2023

Suit over alleged billing error is dismissed

Where a woman alleged that a credit union violated multiple federal laws in connection with an alleged billing error, but none of her claims were plausible, the suit was dismissed. Background Hope Johnson, who is proceeding pro se, alleges that Navy Federal Credit Union violated multiple federal laws, including the Fair Credit Billing Act, or […]

Nov 14, 2023

Foreclosure prevention suit is dismissed

Where a homeowner filed suit to enjoin a foreclosure, but the foreclosure was then cancelled and there was no indication that it would be rescheduled, there was no justiciable controversy for the court to decide. Background This is a declaratory judgment action, seeking to halt a foreclosure, that was removed from state court by Deutsche […]

Nov 14, 2023

Failure to exhaust dooms detainee’s suit

Where a detainee failed to exhaust her administrative remedies before suing various prison officials, and she was not otherwise excused from the exhaustion requirement, the officials were granted summary judgment. Background On Dec. 1, 2022, Jane Roe, who is currently incarcerated, filed a complaint asserting various counts against Tykeshae Fowlkes Tucker, Nkemdlilim Okoli, Rebecca Young […[...]

Nov 14, 2023

Class certification denied in TCPA suit

Where a man sued on behalf of a class of customers who received unwelcome voicemail messages from Capital One, but he failed to show how he would identify the class members, and individual issues predominated over common issues, his motion for class certification was denied. Background As part of its customer agreements, Capital One NA […]

Nov 14, 2023

Damages narrowed in subcontractor’s suit

Where a subcontractor sought to recover additional monies that it allegedly incurred because of delays caused by the contractor, but these delay-related expenses were not compensable under the changes clause, the contractor’s motion to dismiss these damages was granted. Background L3Harris Maritime Services Inc. alleges that it entered into a firm, fixed-price, or FFP, subcontract […]

Nov 14, 2023

School board sued for alleged retaliation against employee

Where a former employee plausibly alleged that she was fired in retaliation for asserting that the Richmond School Board was violating the False Claims Act in connection with its Head Start program, the school board’s motion to dismiss was denied. Background This is an employment dispute arising from the termination of Kara Williams’s employment by […]

Nov 14, 2023

Title VII suit dismissed because of untimely filing

Where a former employee filed his Title VII suit on the 91st day after he received notice of the agency’s decision on his employment complaint, and he failed to demonstrate the deadline should be equitably tolled, the suit was dismissed. Background Federico Dimas Jr. alleges five counts against his former employer under Title VII of […]

Nov 14, 2023

Right-to-sue notice doesn’t satisfy VHRA requirement

Where a man failed to obtain a notice of right to sue before he filed a disability discrimination claim under the Virginia Human Rights Act, or VHRA, that claim was dismissed. Although the man obtained a right-to-sue notice from the Equal Employment Opportunity Commission, or EEOC, the VHRA requires a right-to-sue notice that is separate […]

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