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School principal offers evidence of FMLA retaliation
Where a former high school principal offered an affidavit from a school board member saying he was told she was demoted because she took leave under the Family Medical Leave Act, or FMLA, the school board’s summary judgment motion on a retaliation claim was denied. Background Lila Jean Jenkins, a former public high school principal, […]
Suit dismissed over administrative technicality
Where a former Town of Abingdon employee exhausted her administrative remedies, but her complaint failed to allege that she had done so, and the court could not rely upon the extrinsic evidence showing exhaustion, the suit was dismissed with leave to replead. Background In this employment discrimination case, Stacey Lynn Reichler asserts claims against her […]
Class conditionally certified in FLSA ‘rounding’ suit
Where plaintiffs alleged their employer underpaid hourly employees by rounding time entries, and offered affidavits showing they worked the same or similar hours, performed the same or similar duties and operated the same or similar equipment as all putative subclass members, a class was conditionally certified. Background Charlie Stacy and Clifford Allen filed this class […]
Supplemental notice by mail to potential class allowed
Where the court previously allowed plaintiffs asserting claims for unpaid overtime to send notices to potential class members via U.S. Mail, but the response rate has been significantly below typical opt-in rates, the plaintiffs can now send reminder notices by U.S. Mail. But their request for notice to be provided via email and text message, […]
Wrongful termination suit dismissed
A lawsuit alleging discrimination and wrongful termination lodged by a former executive of a Southwest Virginia bank against her previous employer was dismissed by a federal judge last month. Senior U.S. District Judge James P. Jones of the U.S. District Court for the Western District of Virginia granted New Peoples Bank’s motion for summary judgment […]
Bank prevails on former executive’s bias claims
Where a former bank executive claimed she was terminated because she was “a strong-willed woman” and a Catholic, but her termination was part of a reduction in force based on cost and job performance, the bank is granted summary judgment. Background Mary Yolanda Trigiani asserts claims against her former employer, New Peoples Bank Inc., under […]
Forest Service ordered to supplement record
Where the Forest Service relied upon experts’ views and other material in crafting a final rule, but then omitted this material from the administrative record on the basis it was irrelevant, it was ordered to supplement the record. Background Various environmental and conservation entities, suing under the Administrative Procedures Act or APA, challenge a final […]
Police had probable cause to seize man for evaluation
Where a man’s wife called 911 after receiving several disturbing text messages from him, including that he had a gun in his mouth and was “going to end this,” the police found at least one firearm while searching his home and the officers found him lying in what looked like a shallow grave, they had […]
No qualified immunity: Excessive force claim against K-9 officer proceeds
A K-9 officer who ordered his dog to attack a man who had mental health issues without any evidence he was actually resisting can be sued for excessive force, a U.S. District Court has ruled. The court declined to find that qualified immunity barred the plaintiff’s claims of excessive force, assault and battery, holding that […]
Reconsideration of False Claims Act dismissal denied
Where the court previously granted Walgreen Co.’s motion to dismiss a False Claims Act suit and related state claims, the government’s motion for reconsideration was denied because it failed to show the prior decision was wrong and its arguments could have been made during the initial briefing on the motion to dismiss. Background In this […]
Employee can’t show hostile environment because of sex
Where a former elementary school cafeteria manager alleged a school custodian perpetuated a hostile work environment, but there was no showing that his alleged conduct was based on her sex, the school board was granted summary judgment. Background Judy A. Atkins worked as the cafeteria manager at Atkins Elementary School in Smyth County, Virginia, from […]
Parts of potentially incriminating statements must be redacted
Where co-defendants in a murder case who were not testifying at trial made statements about a stabbing incident, the portions that were potentially incriminating to the defendant were redacted. Background German Hernandez is charged with conspiring to commit murder and attempting to commit murder of another detainee. At issue are statements made by detainees Carlos […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
