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Disloyal employee’s damages verdict stands
Where a company argued it was entitled to $396,832.59 in damages, instead of the $59,000 it was awarded after a jury found a former employee breached his duty of loyalty, the company’s arguments were rejected. There was no evidence the jury neglected to consider the evidence or was influenced by prejudice, passion or other improper […]
Ex-board members were not ‘employers’
The definition of “employer” applicable to actions under Code § 40.1-29(J) for unpaid wages is narrower than the definition in the Virginia Minimum Wage Act, or VMWA, and the Fair Labor Standards Act, the Supreme Court of Virginia has held. The plaintiffs sued for unpaid wages and named two members of their former employer’s board […]
No joint employer liability in unpaid wages case
Where employees sued for unpaid wages, two members of a newly formed board of directors who resigned before wages were withheld do not have joint employer liability for the unpaid wages. Overview Plaintiffs (clinicians) are licensed therapists who worked for Christian Psychotherapy Services. Their compensation was on a commission basis – a percentage of collected […]
Certification denied in overtime collective action
Where loan processors and loan officers moved for conditional certification of their collective action alleging they were denied overtime, but their own allegations showed that all potential class members were not similarly situated and their claims turned on their individual interactions with their supervisors, their motion was denied. Background NVR Inc. and NVR Mortgage Finance […]
Court tosses claim for unpaid commissions
The Eastern District of Virginia has dismissed all claims filed by a sales executive who wasn’t paid commissions after she took unauthorized paid time-off because of a dispute with her employer about their commission structure and management. The plaintiff claimed her employer breached her commission agreement, and that her signatures on amendments to the agreement […]
Vice president not entitled to commissions
Where a company placed its vice president for enterprise sales on unpaid administrative leave, it was not required to pay her salary and commissions. She was not providing any “services” to the company as she had unilaterally taken unauthorized PTO. Background Zeta Global Corporation employed Melissa Racklin as Vice President, Enterprise Sales from Nov. 12, […]
UVA dismisses former nurse’s COVID vaccination suit
Where a nurse who was discharged for not providing proof of vaccination or obtaining a religious or medical exemption sued the University of Virginia, her claims were dismissed. UVA’s policy is related to the government interest in preventing COVID-19 from spreading amongst UVA Health personnel and patients. Background Catherine Antunes began working as a nurse […]
Settlement class certified in pizza delivery driver suit
Where the parties moved to settle the suit alleging that pizza delivery drivers were not paid overtime and the record showed that the collective-action plaintiffs all held the same job, were subject to the same overtime pay calculation, liability was strongly contested, a successful verdict was uncertain and the settlement represented a reasonable compromise of […]
Federal employee’s suit not a ‘mixed case’
Where a federal employee claimed his suit challenging the Drug Enforcement Agency, or DEA’s, failure to select him for any of the GS-15 positions for which he applied was a “mixed case” under the law, but guidance from prior cases and the mechanics of the Civil Service Reform Act, or CSRA, show otherwise, the district […]
Insufficient briefing dooms appeal of denied benefits
Where appellant argues the Virginia Employment Commission wrongful denied him unemployment benefits after erroneously concluding that he was discharged for misconduct, the merits of most of his 30 assignments of error cannot be reached either because he has not adequately briefed them or the court lacks jurisdiction. Legal standard “Rule 5A:20(e) provides that the opening […]
Court conditionally certifies meal break class
Where employees showed that the defendants’ conduct may have violated the meal break rules under the Fair Labor Standards Act, or FLSA, a conditional class was certified. Because the evidence was insufficient to justify conditional certification of a nationwide collective, however, certification was limited to the facilities identified in the four declarations. Background In this […]
FLSA collective action expands
Where the named plaintiffs presented evidence that the time rounding and pre-shift activity policies were employed nationwide, the conditionally certified class was expanded from a Virginia-based class to a nationwide class. Background The plaintiffs filed this collective and class action, alleging that the defendants violated the FLSA and Virginia wage and hour laws by not […]
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
