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ADEA claims dismissed for lack of exhaustion
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 […]
Wireless provider abandoned trademark
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, […]
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 […]
USPS accused of retaliating against disabled veteran
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 […]
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” […]
Disability insurer erred in denying benefits
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 […]
School admin’s ADEA claims survive
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 […]
Ex-employee’s claims significantly narrowed
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 […]
Attack on school anti-racism program dismissed
Where there were no facts showing a Loudoun County program aimed at amplifying issues of racism, injustice and inequity in its schools was enacted with discriminatory intent or had a […]
Carriers had duty to provide indemnity coverage to suits
Where the plaintiff was sued following a merger, the insurance carriers had a duty to provide indemnity coverage for any settlements or adverse judgments because an exclusion did not unambiguously […]
Use of singer’s photo on website was fair use
Where the owner of a Ted Nugent photograph sued Independent Journal Review for using the photo on its website, IJR prevailed on summary judgment because the picture was part of […]
Employee waited too long before filing suit
Where the Equal Employment Opportunity Commission mailed a right-to-sue letter to the employee in November 2019, his January 2021 lawsuit was untimely because it wasn’t filed within 90 days. His […]
Verdicts & Settlements
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
- Premises Liability – Fall down stairs at resort results in injuries, death
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
Opinion Digests
- The Most Important Opinions, January-June 2026
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
