Where a defendant acknowledged touching his co-worker’s shoulders during a dispute, and the co-worker and other witnesses testified that the contact was intended to prevent the co-worker from leaving the room, the defendant’s self-serving testimony that the contact was minimal ...

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

Where an employee attached a copy of her formal discrimination complaint to a letter postmarked well after the time to file a formal complaint with the agency had expired and she could not show that the formal complaint had otherwise ...

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

The court granted summary judgment to a union sued by trustees of the Postal Union Welfare Benefit Trust, finding the union’s decision to shorten trustees’ terms of service, eliminate their staggered terms and their right to select their successors, and ...

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

Plaintiff’s allegations that a concrete production plant allowed spray paint to blow onto its property, causing damage to its buildings and cars, and that the plant allowed “slurry runoff” onto the property, were sufficient to state a plausible claim for ...

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

A man who was fired after sending a “pro-vegan” email had his discrimination claims dismissed because he first named the defendant more than 90 days after he received his right-to-sue letter from the EEOC and his amended pleading did not ...

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

Five abortion providers challenging Virginia’s regulatory framework as overly burdensome may proceed with their claims. Background This is an action filed by five Virginia healthcare providers’ who offer abortion care or services seeking declaratory and injunctive relief from what they ...

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

The administratrix of an inmate’s estate waited too long to sue jail authorities and failed to plead facts sufficient to support a gross negligence claim Background This action stems from the death of Thomas Cubbage on May 29, 2016, while ...

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

Where homeowners sued a mortgage company and included a claim against the Virginia-based foreclosure company that foreclosed on their property, the case is remanded back to state court for a lack of complete diversity. Background Plaintiff alleges that he and ...

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

Because a homeowner and a mortgage company in a breach of fiduciary duty action are both citizens of Virginia, the federal court found no complete diversity between the parties and remanded the case to state court. Background Plaintiff alleges that ...

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

Plaintiffs were convicted of trespass in state court after they refused to leave the school premises. They then filed this complaint. The court held they lacked standing over several claims, should abstain from deciding others, and would decline the state ...

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