Where a customer alleged he was falsely accused by a Walmart employee that he wanted to fight her, his defamation claim was dismissed because the allegedly false statement was not defamatory. Background Ernest J. Wall alleged that a Walmart employee ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

A Richmond federal judge has rejected a state-law wrongful termination claim based on alleged retaliation against an employee who reported safety and health violations. The Bowman claim fizzled because the state code already provides a “extensive statutory remedy” that precludes ...

Tagged with: Employment Judge David J. Novak retaliation

Where a nurse for a jail’s health care provider was subjected to a strip search on her first day of work at the regional jail, a jury will decide if prison officials violated her civil rights. Background Bikachi Amisi brings ...

Tagged with: Civil Rights Judge David J. Novak U.S. District Court - Eastern District

Where the plaintiffs alleged that defendants promised to deliver highly trained service dogs to customers that they never intended to deliver, the RICO, fraud and consumer protection act claims survived the motion to dismiss. Background This case involves an allegedly ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Despite allegations that a lawyer was using his cellphone for work when he struck a skateboarder with his car, a Richmond federal judge has dismissed his law firm from a personal injury action at the threshold of litigation. U.S. District ...

Tagged with: Judge David J. Novak law firm Personal Injury U.S. District Court - Eastern District

Where a skateboarder sued a law firm after being struck by a car driven by one of its attorneys, even if the attorney used his cellphone for work-related purposes at the time of the accident, the firm was not liable ...

Tagged with: Judge David J. Novak Negligence U.S. District Court - Eastern District

Where the trustee was unable to cite any Fourth Circuit authority showing the bankruptcy court erred in approving nondebtor releases, and there were persuasive out-of-circuit cases against the trustee’s positions, its motion for a stay pending appeal was denied because ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District

A livestock owner who was previously convicted of violating Virginia’s animal cruelty statutes lacked standing to attack the statutes as unconstitutional because she did not allege that she intended to care for livestock in a manner prohibited by the laws. ...

Tagged with: Civil Practice Judge David J. Novak U.S. District Court - Eastern District

Where a former help desk employee alleged that his race, national origin and religion were the reasons for his termination, but the record showed that he was let go because the company did not have enough work to offer him, ...

Tagged with: Employment Discrimination Judge David J. Novak U.S. District Court - Eastern District

Where the trustee for LeClairRyan, a bankrupt law firm, brought claims against the firm’s former joint venture partner, and the partner asserted a right to money in the bankrupt estate, the adversary proceeding will remain in bankruptcy court because all ...

Tagged with: Bankruptcy Judge David J. Novak U.S. District Court - Eastern District