An insurance broker’s good faith, duty of loyalty, tortious interference and conspiracy claims against a former employee alleged to have diverted several existing and prospective client accounts to competitors have survived dismissal in the Eastern District of Virginia. The employee ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where Spotsylvania County officers allegedly knew a woman posed a known risk of suicide but failed to check her for weapons, and the woman thereafter killed herself with a hidden gun, her estate’s claims for gross negligence and deliberate indifference ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an insurance broker alleged its former employee diverted business to its competitors and solicited existing clients to move their business to competitors, it plausibly alleged a claim for breach of fiduciary duty. Background In January 2021, USI Insurance Services ...

Tagged with: Employment Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an employer removed a case to federal court because the complaint included both federal and state claims, and the employee then amended her complaint to drop her federal claim, the suit was remanded to state court. Regardless of whether ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the purchaser of a vehicle argued she was entitled to void the transaction and keep the vehicle because the defendant failed to make certain required disclosures, her suit was dismissed. She relied on statutory provisions that apply only to ...

Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where Richmond Public Schools failed to renew the probationary contract of an elementary school teacher because of her aggressive and argumentative conduct toward her superiors, her coworkers and patrons of the Richmond schools, it prevailed on her race discrimination claim.

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a tester/trainer for the Virginia Department of Motor Vehicles, or DMV, asserted a claim for Title VII discrimination, but he failed to identify his protected class or any evidence of discriminatory intent, his disparate treatment claim was dismissed. Background ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the Virginia Department of Environmental Quality, or DEQ, argued that a male permit writer was paid more than a female permit writer because of his prior salary, but the parties disputed whether DEQ’s disparate application of compensation policies to ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a detainee claimed a prison official grabbed him by the throat, slammed his head into the van and slapped him, while he was secured in handcuffs and leg restraints and therefore was only a limited threat to the security ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an arbitrator previously found that a Virginia-based company breached a delivery contract, the award was not invalid, the Virginia-based company had ample notice of and benefitted from multiple extensions to participate in the arbitral proceeding, the arbitration was focused ...

Tagged with: Arbitration Judge John A. Gibney Jr. U.S. District Court - Eastern District