Where the mother of a child killed when a tree fell on their mobile home brought a wrongful death claim, the suit was dismissed because the relationship was contractual and there was no common law or statutory duty owed by ...

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

The Derbyshire Baptist Church’s insurance policy covered a collapse that is caused by “decay that is hidden from view.” The term “decay,” which was not defined, is at best ambiguous, meaning that the policy must be construed against the Church ...

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

Where the question of whether the Old Dominion Club of Richmond made enough money to subject it to liability under the Fair Labor Standards Act could not be decided at this stage, an exotic dancer’s suit alleging she was not ...

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

A correctional officer failed in her bid for early dismissal of a lawsuit brought by the administrator of a deceased inmate because the complaint sufficiently alleged wrongful conduct, including falsifying records and failing to respond to the inmate’s pleas for ...

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

The City of Richmond prevailed on the failure-to-accommodate claim because merely informing a supervisor about disabilities is not sufficient to trigger an interactive process. Background Plaintiff Tyrus Yerby alleged violations of the Americans with Disabilities Act. Plaintiff alleges that the ...

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

Where a law firm incurred costs and fees, including expert fees, during defense of the client’s case, and the client introduced no evidence to support its claim that those expenses were unnecessary, the client was liable for unpaid fees and ...

Tagged with: Contract Judge Henry E. Hudson U.S. District Court - Western District

Where a law firm incurred costs and fees, including expert fees, during defense of the client’s case, and the client introduced no evidence to support its claim that those expenses were unnecessary, the client was liable for unpaid fees and ...

Tagged with: Contract Judge Henry E. Hudson U.S. District Court - Western District

Where an agency of the federal government was the proper defendant, the former employee failed to exhaust his administrative remedies and the plain language of the Federal Tort Claims Act barred his claims, the government was dismissed from the case. ...

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

Where the government agreed to dismiss certain counts in a superseding indictment after the defendant pleaded guilty to two counts related to robbery, the defendant’s successful argument, which he made years later, that he could not be held liable for ...

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

Although the former registrar for the City of Hopewell alleged it did not  reasonably accommodate her “known physical impairments,” her claims for disability discrimination, failure to accommodate and retaliation under the Americans with Disabilities Act, or ADA, were dismissed because ...

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