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Fire chiefs burnt in overtime lawsuit
Ten Alexandria fire department battalion chiefs who claimed they were owed overtime under the Fair Labor Standards Act, or FLSA, saw their claim snuffed out by the Eastern District of Virginia.
Whistleblower claim barred by res judicata
Where a man previously claimed his termination by a government contractor constituted discrimination and retaliation, and the contractor prevailed on those claims, res judicata barred the man’s new complaint that the same conduct was in retaliation for his alleged whistleblowing activity. Background Floret Ikome joined SRA International Inc. on July 1, 2015. On Nov. 30, […]
CIty prevails in overtime suit by fire battalion chiefs
Where Alexandria fire department battalion chiefs argued they were owed overtime under federal and state law, but they qualified as a highly compensated employee, or HCE, they were exempt from the overtime rules. Background Plaintiffs are or have been fire department battalion chiefs, or BCs, for the City of Alexandria. From 2019 to 2022, when […]
On the books: New employment laws take effect July 1
July marks the unofficial halfway point of summer for many — family vacations, outdoor cookouts and many of the appeals of the season. In Virginia, July 1 also marks an important date on the calendar — the day laws passed by the General Assembly earlier in the year and signed by Gov. Glenn Youngkin become […]
Payment of wages to DOL didn’t moot FLSA claims
Where defendants sued for allegedly not paying overtime argued the plaintiffs’ Fair Labor Standards Act claims were mooted by the defendants’ tendering of the disputed funds to the Department of Labor, this argument was rejected. Waiver requires an agreement to waive rights, which must exist in addition to payment received. Background This case arises from […]
Music festival bartenders’ FLSA suit proceeds
The Western District of Virginia conditionally certified a class of bartenders and barbacks who claimed a rock festival violated the Fair Labor Standards Act, or FLSA, and Virginia laws in 2021 and 2022. The defendants argued that class certification wasn’t warranted because the plaintiffs didn’t prove they were all similarly situated. And even if they […]
Amtrak employee’s Title VII claims must be arbitrated
Where an Amtrak employee alleged that she was subjected to discrimination made unlawful under Title VII, but her claims necessitated the “interpretation or application” of a collective bargaining agreement, they were subject to arbitration under the Railway Labor Act. Background Congress enacted the Railway Labor Act, or RLA, to curb disruption of the rail yards, […]
Amended complaint allowed in COVID-19 retaliation suit
Where a man alleging that he suffered adverse employment actions and retaliatory treatment as the result of his views and opinions regarding the safety of the COVID-19 vaccine moved to file an amended complaint, and it was not clear that the proposed amendments were clearly futile, the motion was granted. Background Samuel Sigoloff, a medical […]
Fireman alleges retaliation because of political beliefs
Where a Lynchburg fireman alleged that city officials investigated and disciplined him because of his speech on a political issue, he plausibly alleged a First Amendment retaliation claim. Background Martin Misjuns contends that he was subjected to a pattern of intimidation and harassment by the Lynchburg fire department’s superior officers and was arbitrarily and capriciously […]
Conditional class certified in bartender/barback wage suit
Where bartenders and barbacks who worked at a music festival in 2021 and 2022 raised similar issues regarding whether they were paid minimum wage, overtime and tips required by federal and Virginia law, a class was conditionally certified. Background Plaintiffs in this case are bartenders and barbacks who worked at the Blue Ridge Rock Festival […]
U.S. invokes states secrets privilege in non-solicit dispute
Where a company sued its former employees for violating a non-solicitation promise, and sued their new company for tortious interference, the United States was permitted to intervene in the suit to invoke the “state secrets” privilege because the companies performed classified work for government agencies. Background On June 21, 2022, GRID Networks LLC filed a […]
Ex-professor’s federal claims dismissed
Where a former professor at James Madison University, or JMU, who resigned after he was accused of sexual harassment by a female student, sued JMU and university officials, but his complaint failed to plead plausible Title IX, federal due process or First Amendment retaliation claims, and the court declined to exercise jurisdiction over the state-law […]
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
