Although the Fourth Circuit has not applied equitable estoppel in the context of FMLA eligibility, other circuits have. Because the employee argued the employer’s statements led him to act in a certain way, the employer’s motion to dismiss was denied. ...

Tagged with: Employment Judge Ivan D. Davis U.S. District Court - Eastern District

Although a speaker alleging he was limited from speaking at a public hearing had standing to assert a First Amendment claim, because the topics were limited in a reasonable and viewpoint neutral manner, and the behavior was not “chilling,” there ...

Tagged with: Constitutional Judge Ivan D. Davis U.S. District Court - Eastern District

Where the plaintiff experienced pain following a 1996 surgery, told a doctor in 2000 that her pain was caused by that surgery and failed to request a medical report that would have revealed the cause of the pain until 2015, ...

Tagged with: Judge Ivan D. Davis Medical Malpractice U.S. District Court - Eastern District

An employee’s discrimination claims against her employer could not be based on discrete acts that were not timely alleged in charges brought before the Equal Employment Opportunity Commission and, as a state agency, the employer was also immune from suit ...

Tagged with: Employment Discrimination Judge Ivan D. Davis U.S. District Court - Eastern District

Where a salaried employee was paid at a rate of $33,000 per year, she was not entitled to overtime pay under the Fair Labor Standards Act because her primary duties were directly related to management or general business operations. Background ...

Tagged with: Employment Judge Ivan D. Davis U.S. District Court - Eastern District

Although the plaintiff alleged facts showing the actions of the board of supervisors restricted the speech of others at the public hearing, he did not allege sufficient facts to demonstrate that he intended to speak or that he suffered self-censorship. ...

Tagged with: Constitutional Judge Ivan D. Davis U.S. District Court - Eastern District

A plaintiff who was arrested pursuant to a valid warrant and held in custody for nearly four months even though she was innocent could not bring a civil rights violations claim against the arresting officers because she failed to demonstrate ...

Tagged with: Civil Rights Judge Ivan D. Davis U.S. District Court - Eastern District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Judge Ivan D. Davis Tort U.S. District Court - Eastern District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Judge Ivan D. Davis Tort U.S. District Court - Eastern District

Plaintiff police officer who is suing defendant police officers wins an extension of time from the Norfolk U.S. District Court to serve two of the defendants; plaintiff’s diligent efforts to serve the officers at their job or their home addresses, ...

Tagged with: Civil Procedure Judge Ivan D. Davis U.S. District Court - Eastern District