A legal services company was entitled to a preliminary injunction against its former Chief Customer Officer, who resigned and began soliciting the company’s clients. The non-solicit and non-compete clauses in his employee agreement were reasonable and enforceable, notwithstanding separable blue-pencil ...

Tagged with: Business Law Contract Employment Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District

A plaintiff alleging retaliation by his employer for an earlier charge of discrimination under the Age Discrimination in Employment Act could not rely solely on the retaliation provisions of Title VII of the Civil Rights Act. The statutes protect different ...

Tagged with: Civil Rights Employment Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Genuine issues of material fact precluded summary judgment on a plaintiff’s claims of interference and retaliation under the Family & Medical Leave Act. Background Plaintiff Cameron Felts began working as a welder for Volvo in February 2012. He was required ...

Tagged with: Employment Judge Elizabeth K. Dillon U.S. District Court - Western District

An ADEA class was conditionally certified in a suit asserting that a school system declined to rehire older employees for IT positions. Background Plaintiff Joseph Andreana has been employed with Defendant Virginia Beach City Public Schools for over 28 years, ...

Tagged with: Civil Procedure Civil Rights Class Action Employment Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

A life insurance company was under no fiduciary duty to solicit required additional materials from the insured party in order to approve his coverage level, even though his employer had been deducting premium payments for the unapproved amount. Background Steven ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Employment Insurance Judge James A. Wynn Jr.

A shopper who was handcuffed and tased by Cabela’s security guards can proceed with claims including wrongful imprisonment, assault and battery, and defamation. He may also be entitled to punitive damages. Background Defendants Patricia Eller and Wendy Brewer are Bristol ...

Tagged with: Constitutional Employment Judge James P. Jones Personal Injury Search & Seizure Tort U.S. District Court - Western District

A discharged state police officer was not entitled to personal review of his grievance by the Director of Virginia’s Department of Human Resource Management. Such reviews are among many duties the Director may delegate to any Department employee. Background In ...

Tagged with: Administrative Employment Judge William G. Petty Virginia Court of Appeals

In an age discrimination suit, the plaintiff’s designation of a human resources expert whose opinion was based only on 30 years’ experience in the field was stricken. Background Plaintiff Angela Georges has sued Defendant Dominion Payroll Services for terminating her ...

Tagged with: Employment Evidence Judge M. Hannah Lauck U.S. District Court - Eastern District

After filing a charge of discrimination, a Bed Bath & Beyond manager sent a separate letter alleging that her supervisor encouraged her husband to cheat and retaliated when she complained. A federal court held that these claims weren’t part of ...

Tagged with: Administrative Employment Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Two Greek entities were vicariously liable for violations of international maritime-pollution laws by their cargo vessel’s crewmembers, as well as for the crewmembers attempts to conceal those violations. Background In 2015, the cargo vessel Ocean Hope – owned and operated ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Employment Judge Robert B. King Sentencing