Where the employee requested a special headset, but didn’t make any complaint regarding the headset or access to a headset, the request wasn’t protected activity. Background On July 6, 2021, Maggie Green-Wright filed an amended complaint that asserts six counts: ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Where automobile repair shops alleged that insurance carriers steered customers away from their businesses because they refused to comply with certain terms, because they failed to show a business expectancy that was lost or that carriers used improper methods, their ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Where the plaintiff alleged a device intended to prevent blood clots from moving into her lungs fractured and migrated, causing her anxiety, abdominal pain, chest pain and shortness of breath, but her expert provided no opinion as to the cause ...

Tagged with: Judge Henry E. Hudson Products Liability U.S. District Court - Eastern District

Where a shopper who was injured at Walmart sought to add the allegedly responsible employee to her suit against the company, her motion was granted despite the fact the employee destroyed diversity jurisdiction. There was no evidence of forum shopping ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where recent Supreme Court and Fourth Circuit decisions hold that conspiracy to commit Hobbs Act robbery cannot serve as a valid predicate crime of violence for a § 924(c) charge, the defendant’s 84-month sentence was vacated and resentencing was ordered ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant charged with intent to distribute a substance containing a detectible amount of cocaine lacked standing to challenge the search of a residence because the house was used for dealing drugs and individuals present for a business expectancy do ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where a provider of background check reports was sued for allegedly including accurate criminal information and the plaintiffs attempted to hold it liable as a publisher, the suit was barred by 47 U.S.C. § 230 of the Communications Decency Act ...

Tagged with: Consumer Protection Judge Henry E. Hudson U.S. District Court - Eastern District

Where a special education teacher alleged a sexually hostile work environment based on unwelcome touching by an intellectually challenged second grade student, because the child was incapable of distinguishing based on sex, the touching was not severe or pervasive and ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Where Skillets’ insurer denied the restaurant chain reimbursement for COVID-19 related losses, neither the virus nor the Florida governor’s closure orders constituted a direct physical loss under an all-risk policy interpreted by Florida law because neither physically altered the restaurants. ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a shopper suing Walmart for injuries suffered when a box fell on her initially sought $75,000 in damages in state court and then moved to increase her ad damnum amount, Walmart properly removed the case on the basis of ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District