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 ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Eastern District

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 ...

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

Where the supplemental report from a property owner’s real estate expert witness contained opinions about the effect of a pipeline on the property that are entirely new and different from his first report, the failure to disclose the new opinions ...

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

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. ...

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

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 ...

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

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 ...

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

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 ...

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

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 ...

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

Although the homeowner appeared to allege he should have been granted a loan modification because he satisfied all of the criteria, he failed to identify any contract language or statement that would impose such an obligation. Background Ern Reynolds filed ...

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

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 ...

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