Where an owner pleaded that his car consumes an excessive amount of oil, that allegation was insufficient to allege that the vehicle has defective piston rings. As such, he lacked standing and a putative class action suit against GM was ...

Tagged with: Judge James P. Jones Products Liability U.S. District Court - Western District

Where the complaint alleged a volunteer fire truck driver did not activate his lights or sirens when he attempted a U-turn out of the right lane, it plausibly alleged he was grossly negligent in his operation of the truck, thereby ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

Where a plant operator was fired 14 days after he reported his supervisor for sexual misconduct, and another employee testified that she feared being terminated if she told anyone about the supervisor’s conduct, a jury will decide if the plant ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Where the defendants were allowed to use “REJUVenate” on “[a]ll-purpose disinfectants for infection control and prevention and biosecurity,” but allegedly used it on cleaning products that fall within the scope of goods covered by the plaintiff’s preexisting “Rejuvenate” mark, the ...

Tagged with: Intellectual Property Judge James P. Jones U.S. District Court - Western District

Where plaintiffs previously settled a claim over unpaid royalties under a coal wheelage agreement, their new claim for unpaid royalties that predated the settlement was barred by res judicata. Res judicata did not apply to the nonparties, however, because they ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Where incarcerated persons at two Virginia maximum security prisons alleged that solitary confinement deprived them of a basic human need, and that the risk of prolonged detention was obvious from the medical and scientific literature and a prior Fourth Circuit ...

Tagged with: Constitutional Judge James P. Jones U.S. District Court - Western District

Where a former public service employee’s discrimination claim did not expressly allege “quid pro quo” harassment, but it did allege that her supervisor demanded she endure his harassment in exchange for continued employment, and reassigned her because she refused, those ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Where a man directed by his probation officer to perform community service at a landfill was stuck and injured by a vehicle, he plausibly alleged the landfill’s owner breached a duty to provide training, warnings, supervision or signage, and that ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

Where the police saw a man placing a firearm in the trunk of his car, that act alone did not provide a reasonable basis for the stop because possession of the firearm was not unlawful and there was nothing suspicious ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District