Virginia Lawyers Weekly VA Lawyers Weekly

In a class action lawsuit against an employer, the employer was liable for unpaid overtime for out-of-town travel involving an overnight stay even though at least one of the members of the class did not engage in such travel. Background ...

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

An electronic cigarette company was entitled to a temporary restraining order freezing the PayPal accounts of unknown individuals selling counterfeit products bearing the company’s trademark on eBay because the company was likely to succeed on their claims of trademark infringement ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

An arbitration panel’s enhancement of an attorneys’ fees award above the amount calculated by multiplying the reasonable number of hours expended on the case by a reasonably hourly rate was vacated because the panel failed to explain why the base ...

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

A Fairfax County school employee failed to plausibly allege facts showing the school board or school officials retaliated against her for filing a prior employment lawsuit. Background Kathleen Munive alleges that defendants violated 42 U.S.C. § 1983 by retaliating against ...

Tagged with: Employment Discrimination Judge Leonie Brinkema U.S. District Court - Eastern District

Plaintiffs were entitled to a default judgment on their claims that defendant breached a collective bargaining agreement by failing to make required contributions to employee benefit plans and failing to submit necessary documents to conduct a payroll review because the ...

Tagged with: Civil Practice Judge T.S. Ellis III U.S. District Court - Eastern District

Where an employee had received negative performance reviews for five years before her termination, and her termination occurred at least five months after she engaged in any protected activity, she could not pursue claims of retaliation against her employer. Background ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District

An employee’s resignation prior to her reassignment made it impossible to evaluate whether the reassignment could be considered an adverse employment action, and because the resignation was not the result of intolerable working conditions such that it could be deemed ...

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

Where a plaintiff was entitled to an award of attorney’s fees and reasonable expenses because the court had granted the plaintiff’s motion to compel, fees charged by plaintiff’s counsel in relation to work unrelated to the motion to compel could ...

Tagged with: Civil Practice Judge Theresa C. Buchanan U.S. District Court - Eastern District

Where a physical therapist was unable to perform certain job duties after being injured on the job and was terminated shortly after asking her employer for a reasonable accommodation that would have enabled her to perform all essential functions of ...

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

A plaintiff who filed a lawsuit in Vermont federal court alleging a conspiracy by her former partner to kidnap their daughter, and then filed an essentially identical action in Virginia as a “protective action,” engaged in improper “claim splitting,” resulting ...

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