Where a detainee at the Richmond city jail alleged that officials responded with tear gas after the incarcerated complained about how the facility was responding to COVID-19, his excessive force claim survived a motion to dismiss. Background Cameron Fobbs, who ...

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

Where a DuPont facility continued using allegedly defective natural gas-fired burners after discovery of the defect, that foreclosed its breach of warranty claim because a provision in the parties’ contract provided that continued use of the allegedly defective product after ...

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

Where the former psychiatric patient alleged his due process rights were violated when he was placed in restraints for two weeks, his claim was dismissed because he failed to show two defendants personally participated and failed to overcome the presumption ...

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

Where the plaintiff alleged that he suffered emotional distress after he was denied credit because a loan servicing provider inaccurately reported him as arrears on his mortgage, he alleged harm sufficient to establishing standing to sue for violations of the ...

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

Where there was no dispute over the existence of the agreement to arbitrate nor the making of the arbitration agreement, parties challenging an arbitration clause in their loan agreements were not entitled to an evidentiary hearing. Background Plaintiffs bring this ...

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

Where the former employee alleging race bias and retaliation signed an agreement at the inception of his employment that contained a “conspicuous” jury waiver, had an opportunity to consult with counsel and the parties’ bargaining position was not too disparate, ...

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

Where the suit over denial of coverage required interpretation of a policy issued by an Ohio insurer to a Maryland insured about an accident in Maryland, venue in the Eastern District of Virginia was lacking. Because neither party argued the ...

Tagged with: Insurance Judge David J. Novak US District Court

Where investors alleged JUUL and Altria engaged in a scheme to allow the continued marketing of e-cigarettes to minors while publicly denying JUUL’s intention of targeting youths in an effort to avoid further litigation or regulation that could curb its ...

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

Where a man’s second wife alleged that his four adult children and a Henrico county police officer conspired to kick her out of her home and take her personal items, three of the children and the officer were unable to ...

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

A Henrico County judge will remain as a defendant in a lawsuit alleging he and two siblings abused the protective order process to temporarily banish their father’s second wife from her home. A Henrico County police officer also is named ...

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