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Tag Archives: Judge Elizabeth K. Dillon

Sovereign immunity bars claims against federal public defenders (access required)

Where a man convicted of wire fraud brought claims of fraud and conspiracy against his team of public defenders, the court lacks subject matter jurisdiction because the attorneys were performing “professional services” on a court-appointed basis and there was no ...

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FMLA interference claim fails, leave was exhausted (access required)

Where an employee was correctly told that his leave under the Family and Medical Leave Act was exhausted, his FMLA interference and retaliation claims failed because his termination stemmed from violation of the attendance policy. His assertion that he believed ...

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Trucking company beats vicarious liability claim in wrongful death suit (access required)

In a wrongful death suit, a husband’s attempt to sue a trucking company for vicarious liability based on an alleged joint venture with another defendant, was defeated because he could not show the company was involved in a joint venture. ...

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Softball coach offers direct evidence of gender discrimination (access required)

Where a man who applied to be head varsity softball coach was told he didn’t get the position because the school preferred female employees, that was direct evidence of discrimination. Although the school board claimed there were other reasons he ...

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Complaint fails to allege ‘debt’ covered by FDCPA (access required)

Where the complaint included only conclusory allegations that communication from a debt collection agency involved “debt” within meaning of the Fair Debt Collection Practices Act, the suit was dismissed. Background Kristyn Epps filed a putative class action complaint, asserting a ...

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Ex-general counsel wins $3.7 million judgment against company, owner (access required)

Where a company promised to pay its general counsel a $100,000 signing bonus and a $1.2 million annual salary but failed to pay him for three years, a default judgment was entered against the company. And because its owner made ...

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Third-party complaint against UVA held improper (access required)

Where the third-party complaint against University of Virginia essentially sought to make the university directly liable for the breach of contract claim asserted by the plaintiff, that was improper. Background In December 2017, ABM Healthcare Support Services Inc. and the ...

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Forum shopping and litigation conduct doom withdraw motion (access required)

A company lost its motion to withdraw a reference from bankruptcy because its litigation conduct suggested it shifted the dispute from forum to forum to stave off foreclosure as long as possible. Background This matter is before the court on ...

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