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Tag Archives: Judge David J. Novak

Defamation claim based upon ‘insubordination’ statement may proceed (access required)

A former employee’s claim for defamation based on her prior employer’s statement to her new employer that she was terminated for “insubordination” may proceed. The statement can be proven true or false and suggested the employee lacked integrity in performing ...

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Officer sued for excessive force after striking plaintiff (access required)

Where a Chesterfield county police officer executed a closed-handed strike to a driver’s face during a traffic stop, the driver’s excessive force claim survived the motion to dismiss as the crime was a misdemeanor, the driver posed no immediate threat ...

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Post-sale duty to warn about defective product recognized (access required)

Although the Virginia Supreme Court has yet to recognize a post-sale duty to warn, the court held a manufacturer is liable for failing to warn about dangers discovered after selling a product if it was reasonable to provide such warnings. ...

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Hilton Downtown Richmond must defend Black guest’s bias claims (access required)

A Black customer of the Hilton Downtown Richmond hotel can proceed with his discrimination lawsuit over alleged harassment by a security guard, even though he was never denied room accommodations. That was the ruling Dec. 4 by U.S. District Judge ...

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Plaintiff’s conduct constitutes waiver of cap on price increases (access required)

Although the purchaser of gasses used in the manufacture of steel pipes argued the defendant breached the product agreement by increasing prices by more than 2% per year, it waived enforcement of the price-escalation provision by buying (without complaint) gasses ...

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Multiple incidents provide causal connection for claim (access required)

Although 15 months elapsed between the date the school board learned about a teacher’s membership in the National Association for the Advancement of Colored People and the decision to not renew her contract, four discrete incidents of retaliatory animus that ...

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