4th Cir.: State disability findings may deserve substantial weight
An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also didn’t consider the limited extent to which the claimant could perform daily activities. Background Billie Jean Woods appeals the Social Security Administration’s denial of […]
WDVA: Blind man not harmed by inaccessible website
A blind plaintiff lacked standing to sue a Virginia bank for maintaining a website without reasonable accommodations for individuals with disabilities, as he lived 300 miles from the nearest branch. Further, the bank’s voluntary upgrades – made prior to the suit – mooted his claim. Background Plaintiff Keith Carroll is permanently blind, using a screen […]
EDVA: Disability, equal protection claims against VBBE dismissed
A law student who was denied testing accommodations by the Virginia Board of Bar Examiners should have sought state-court review. In addition, the Board was immune from the disability claims, and the student failed to state a Fourteenth Amendment claim. Background In 2012, Plaintiff Donshur Oliver was diagnosed with ADHD, an Adjustment Disorder, and Mixed […]
WDVA: Disabled vet’s disparate-treatment claim is triable
A veteran who later went to work for the U.S. Department of Veterans Affairs, but whose employment was later terminated, presented genuine issues of material fact as to whether she was an individual with a disability and whether the VA’s proffered explanation for firing her was a pretext for disability discrimination. Background Plaintiff Amber Patton, […]
EDVA: Separation was due to absences, not disability
Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff Rachel Watson began work on a probationary basis as a mental health therapist for the […]
Training center closures go forward
This case began with a complaint by the U.S. Department of Justice alleging that the Commonwealth violated the Americans with Disabilities Act. That complaint was resolved via consent decree, which required the Commonwealth to change the way it provides services to its intellectually and developmentally disabled populations. The court closed the case after approving the […]
Paraplegic man prevails on appeal of disability bias claim – $100,000 plus medicals and attorney’s fees
Complainant is a 26-year employee of the Defense Logistics Agency in Richmond and is a paraplegic confined to a wheelchair. He was subjected to repeated instances of harassment and discrimination because of his disability. His supervisor made disparaging remarks about his disability over a period of more than a year and unfairly removed him from […]
VRS used the wrong standard on disability
A teacher has won another chance to prove she is disabled from teaching elementary school children, because the Virginia Retirement System did not stick to the statutory standard for evaluating the teacher’s claim, according to a Fairfax Circuit Court. In denying disability benefits to Fairfax teacher Lydia Buschenfeldt, the VRS said she was not disabled […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death