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Tag Archives: Employment

EDVA: Non-compete enforceable, despite blue-pencil terms (access required)

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 ...

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WDVA: Retaliation suit named wrong statute (access required)

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 ...

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EDVA: Age discrimination suit proceeds as class action (access required)

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, ...

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4th Cir.: Insurers owed no duty to solicit supporting documents (access required)

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 ...

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WDVA: Cabela’s customer stated claims against off-duty officers (access required)

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 ...

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EDVA: Experience insufficient to qualify expert witness (access required)

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 ...

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EDVA: Letter to EEOC didn’t exhaust administrative remedies (access required)

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 ...

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4th Cir.: Ship owners liable for crew hiding sludge discharge (access required)

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 ...

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