Tag Archives: Judge Glen E. Conrad

Judge: No ‘Twiqbal’ standard for affirmative defenses (access required)


A Roanoke federal judge said he is joining the “growing number of courts” rejecting a heightened pleading standard for affirmative defenses in civil litigation. Plaintiffs chafing at the higher pleading hurdle imposed by Supreme Court opinions a decade ago argued ...

Read More »

Challenge to debt collection practice survives (access required)

Although the defendants argued the plaintiff lacked standing to asserting claims under the Fair Debt Collection Practices Act, the court held the alleged FDCPA violations created a material risk of harm that was sufficient to establish standing. Background Willie Henderson ...

Read More »

Sheriff has immunity against claim he unlawfully detained plaintiff (access required)

The sheriff allegedly detained the plaintiff at the request of the department of Immigration and Customs Enforcement, or ICE. The court held the sheriff was entitled to qualified immunity because, at the time of the detention, it was not clearly ...

Read More »

Defamation, due process suit against superintendent proceeds (access required)

A school superintendent who allegedly insinuated the former Chief Technology and Information Officer, or CTIO, engaged in dishonest conduct will face claims for defamation and denial of due process for failing to provide the employee a hearing before the information ...

Read More »

Ex-employee exhausted administrative remedies (access required)

An employer lost its motion to dismiss as its former employee adequately alleged she exhausted administrative remedies. Although she had not received her right-to-sue letter, more than 180 days had elapsed after she filed her charge of discrimination. Background Alice ...

Read More »

Trademark ownership unnecessary for false advertising claim (access required)

A retailer who sold genuine certified organic mattresses could bring a Lanham Act claim against a competitor who falsely advertised on its website that its mattresses were certified under the Global Organic Textile Standard even though the retailer did not ...

Read More »

Rejecting a supervisor’s advances is protected activity (access required)

Although there is a split among circuits that have addressed whether an employee who rejects her supervisor’s advances and is later terminated states a claim for retaliation under Title VII, and Fourth Circuit has never decided the issue, the court ...

Read More »