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Employee can’t show his suspension was retaliatory
Where a man was suspended shortly after he made alleged disclosures of misconduct, but the disciplinary process was initiated before the disclosures were made, the disciplinarian was not connected in any way to the disclosures, did not consider the disclosures when determining the appropriate sanction, and imposed a significantly less severe suspension than was recommended […]
Deference to Department of Labor interpretation was proper
Where the magistrate judge deferred to the interpretation of “managers or supervisors” made by the Department of Labor, or DOL, it did not err. The terms are ambiguous and the DOL’s interpretation wasn’t unreasonable. Background Garrett Hoffman alleges that Bear Chase Brewing Company willfully violated the Fair Labor Standards Act, or FLSA, by: (1) failing […]
Capital One dismisses imprudent investment suit
Where participants in a defined contribution plan alleged it was imprudent to include certain target-date funds as an investment option, because they were significantly worse performing than alternatives, their complaint was dismissed. Allegations of underperformance alone fail to state a plausible claim and the plaintiffs failed to allege any meaningful benchmarks by which the court […]
Booz Allen Hamilton dismisses ERISA suit
Where a participant in a defined contribution plan alleged it was imprudent to include certain target-date funds as an investment option, because they were significantly worse performing than alternatives, his complaint was dismissed. Allegations of underperformance alone fail to state a plausible claim and the man failed to allege any meaningful benchmarks by which the […]
Insurance broker claims ex-employee breached duty
Where an insurance broker alleged its former employee diverted business to its competitors and solicited existing clients to move their business to competitors, it plausibly alleged a claim for breach of fiduciary duty. Background In January 2021, USI Insurance Services LLC terminated the employment of Dwight Drew Ellis II for unspecified misconduct. After Ellis’s termination, […]
Company fails to transfer restrictive covenant suit
Where a company argued a suit brought by former employees seeking to invalidate their restrictive covenants should be transferred to Florida pursuant to a choice of venue clause, its motion was denied. The clause applied to proceedings “to enforce” the agreement, while the employees here were seeking “to invalidate” the agreement. Background This case arises […]
Construction firm liable for unpaid ERISA contributions
Where a construction firm failed to file contribution reports and pay required contributions to a benefit fund, and failed to respond to the lawsuit, it was liable for the unpaid contributions, interest, liquidated damages and attorneys’ fees. Background Plaintiffs in this lawsuit are a union and various related benefit and trust funds. Defendant VEI Solutions […]
State police officer’s discharge upheld
Where a Virginia State Police officer was discharged for failing to follow policy and making false statement regarding an accident with his police vehicle, there were no flaws in the administrative proceedings leading to his discharge or in his subsequent appeal. Criminal matter Brennan backed his police car into another vehicle, damaging both. “Brennan and […]
No deadline extension to file for unemployment benefits
Where the Virginia Employment Commission gave incorrect advice to an unemployment benefits claimant, resulting in a denied claim, petitioner waited too long to appeal the denial after the commission provided her with correct information, including how to perfect her appeal. Background Petitioner filed an unemployment benefits claim with the commission in January 2020. The claim’s […]
Court tosses Title VII retaliation claim
A former investigator with a university’s office of equity and compliance saw her Title VII claim against the university dismissed by a federal court. The woman said the university retaliated against her after she claimed the school allegedly discriminated against a male student who said he was assaulted by his then-girlfriend. Senior Judge Norman K. […]
How employers can prepare for a possible non-compete ban
Employee non-compete agreements have faced mounting scrutiny in recent years. Proponents say non-competes are indispensable for protecting trade secrets and other business interests. Critics say they hurt employee mobility and wage growth. Now the federal government has stepped into the fray. On Jan. 5, the Federal Trade Commission proposed a new rule that would ban […]
Judgment denied to former hotel employees
Where two persons moved for summary judgment on their claims that they were unjustly and inappropriately terminated from their positions at a Martinsville hotel, but they relied only on unsupported, conclusory statements, their motion was denied. Background This dispute dates back to a business relationship that soured, ending in Patrick & Shirley Lattimore’s termination from […]
Verdicts & Settlements
- 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
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
