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Attorneys’ fee reduced by half
Where an employer persuaded the court to order return of documents retained by an employee after his termination, but the court found the employer was not harmed by the retention, the employer’s decision to reduce the claimed attorneys’ fees by 50% was approved by the court. Background On Oct. 23, 2019, the court partially granted […]
Prevailing FLSA plaintiff awarded fees and costs
Although a restaurant worker accepted an offer of judgment of $6,500 just six weeks after he filed his complaint for nonpayment of overtime wages, the time incurred by his attorneys was reasonable, as were their rates of $495 and $460 per hour, so the early resolution of the suit did not preclude recovery of reasonable […]
Record supports denial of long-term disability benefits
Aetna did not abuse its discretion in denying an employee’s request for long-term disability benefits following a car accident. Although the employee initially received short-term benefits, subsequent examinations by both treating and independent medical professionals concluded she was capable of working in her sedentary job as a financial analyst. Background Plaintiff was formerly employed by [[...]
Race bias claim against aerospace contractor fails
Where the employee did not apply for a position, did not suffer an adverse employment action despite his performance warning and did not demonstrate that other similarly situated employees outside the protected class were treated differently or that the contractor’s stated reasons were pretext for discrimination, the contractor prevailed on the race discrimination claims. Background [&he[...]
Temporary stay in son’s home didn’t trigger his coverage
Where the mother of the insured son was staying with him for two weeks at the time she struck and killed a pedestrian while driving his car, the son’s home was not her “primary residence” and she was not entitled to coverage under his policy. Background On Dec. 1, 2016, Karin Sheire was driving her […]
Following remand, ex-employee’s complaint dismissed again
Where the Fourth Circuit remanded certain claims made by an employee terminated by the Army Contracting Command that were previously dismissed for further consideration, those claims were dismissed again for a variety of reasons, including res judicata, failure to state a claim, collateral estoppel, lack of jurisdiction and failure to exhaust administrative remedies. Background On […]
School board did not discriminate against teacher
Where a pre-K special education teacher was not meeting the expectations of the Arlington County School Board, no adverse employment action was taken against him and he did not show he was treated differently from similarly situated employees outside of his class, summary judgment was granted to the school board. The teacher also did not […]
Officer not liable for prolonged traffic stop
Where a driver was detained by an officer because the driver’s signature on the traffic summons did not match the signature on his license, the officer was entitled to immunity against the driver’s subsequent suit because the “arrest” was supported by Virginia law and any mistake by the officer was reasonable. Background This suit arises […]
USPS prevails in discrimination suit
Where a current postal employee failed to identify similarly situated employees who were treated differently, failed to prove a causal connection between his protected activity and adverse employment action and failed to rebut the United State Postal Service’s legitimate reasons for its decisions, summary judgment was granted to the USPS. Background Plaintiff, a male employee […]
Not hiring two-time applicant was not discrimination
Where a job applicant failed to present evidence that his race was the reason he was not hired for the first position, and where the company’s decision to not hire him for the second position was made before it had notice of any protected activity, his discrimination and retaliation claims failed as a matter of […]
Employee’s poor performance dooms bias claims
Where the evidence showed the employee’s unprofessional behavior and poor performance failed to meet the legitimate expectations of her employer, the employer prevailed on claims of religion, sex, age and disability discrimination. Background Plaintiff worked for defendant between 2009 and 2016. Plaintiff alleges she was subject to discrimination on the basis of her religion, sex, […]
Ex-employee must return data, no damages for company
Where a company did not show it was damaged by an employee who breached his employment contract by retaining company documents after his termination and was ordered to return them, the company recovered no monetary damages. Background Defendant Christopher Steinke used to work for PS Solutions Inc. Throughout his employment, Steinke periodically copied his PS […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
