Where a woman asserted a university’s failure to hire her to teach a class was because of her sex, but she failed to plead facts that the university was seeking applicants at the time, or that it continued to seek ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

When a hotel found itself in hot water after a customer claimed he was infected with Legionnaires’ disease by water in the hotel’s pool and hot tub, the hotel’s insurance providers asked the Western District of Virginia to determine whether ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a man alleged he was injured when he inhaled Legionella bacteria while using a hot tub and pool at a Best Western, an insurance company must defend that suit. Neither the bacteria exclusion nor the pollution exclusion applied to ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

A class action lawsuit alleging that a treadmill manufacturer violated warranties and fraudulently misrepresented its horsepower capabilities outran dismissal in the Western District of Virginia. After allowing the plaintiff to sidestep a jurisdictional roadblock, Judge Elizabeth K. Dillon refused to ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the purchaser of a treadmill alleged that manufacturers made false representations about the treadmills’ horsepower, her Virginia warranty and fraud claims survived their motions to dismiss. Background This is a putative class action brought by Wendy Prince, on behalf ...

Tagged with: Consumer Protection Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an insurer removed a suit seeking a declaration regarding uninsured motorist coverage for a fatal accident, the suit was remanded to the circuit court. Resolution of this suit had the potential to offer an improper advisory opinion in the ...

Tagged with: Insurance Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the state court initially lacks jurisdiction over a suit that is then removed to federal court, the federal court also lacks jurisdiction. Because the Federal Tort Claims Act, or FTCA, requires suits to be filed in federal court, and ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Where one party to a government contractor dispute moved to exclude two experts proposed by the other party, its motions were denied. The experts’ testimony was admissible, not irrelevant and not inherently unreliable. Background This case concerns a dispute between ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where there were disputed issues of material fact over whether a government contractor was entitled to recover for claimed project change notices, or PCNs, where it allegedly failed to obtain written authorization prior to executing the alleged changes, summary judgment ...

Tagged with: Contract Judge Elizabeth K. Dillon U.S. District Court - Western District

Where an employee’s doctor concluded he had significant physical restrictions, including limitations on lifting, standing, walking, bending, squatting, crawling, pushing and pulling, and many of these were requirements of the engineering technician position pursued by the employee, he was not ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District