Where an employee alleged her employer breached its fiduciary duty under ERISA by maintaining an allegedly imprudent investment option in its retirement plan, ERISA’s safe harbor did not apply to her decision to remain invested in that fund. The safe ...

Tagged with: Employment Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a man alleged his inclusion on the federal government’s watchlist resulted in detentions, interrogations and searches of his electronic devices when flying, but the government showed he was no longer on the watchlist, the suit was dismissed for lack ...

Tagged with: Constitutional Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a government employee is required to seek equal employment opportunity, or EEO, counseling within 45 days of the discriminatory conduct, but the record showed a woman did not do so, her claims under the Age Discrimination in Employment Act, ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a wireless provider used the mark “SIMPLY PREPAID” deliberately and continuously from 2002-08, it obtained common-law rights in the mark. But because the provider then effectively abandoned the mark, the use of the mark by a different telecommunications company ...

Tagged with: Intellectual Property Judge Anthony J. Trenga U.S. District Court - Eastern District

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 ...

Tagged with: Employment Judge Anthony J. Trenga U.S. District Court - Eastern District

Where an employer provided shifting explanations for why it terminated the employment of a disabled veteran, the inconsistent evidence sufficiently establishes pretext to survive summary judgment. Background Anthon Calix-Hestick, a disabled veteran, became an employee of the United States Postal ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District

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. ...

Tagged with: Employment Judge Anthony J. Trenga U.S. District Court - Eastern District

Where the only actual medical evidence in the administrative record concerning plaintiff’s condition are the opinions of his primary care physician and his orthopedic surgeon, both of whom opined that plaintiff was totally disabled, and the plan provided that totally ...

Tagged with: Insurance Judge Anthony J. Trenga U.S. District Court - Eastern District

A high-ranking school administrator’s claims that her school board employer discriminated and retaliated against her because of her age have survived dismissal in a Virginia federal court. “Plaintiff alleges sufficient facts that make plausible her age discrimination claim under the ...

Tagged with: Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a former school employee failed to plausibly plead that she suffered sex discrimination or retaliation, a hostile work environment on the basis of sex or age or a had a claim under Title IX, those claims were dismissed. However ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District