A nursing employee’s claims that her former employer violated the Americans with Disabilities Act, or ADA, by failing to accommodate her disability survived a motion to dismiss filed by the employer. A motion to dismiss by an individual defendant in ...

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

Where a restaurant server claimed she was injured by a defective tea brewer, but her professional engineer expert never examined the actual brewer and there was no testimony that the brewer he examined was the same model, his opinion was ...

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

Where a skilled nursing facility employee alleged her medical issues prevented her from pulling, pushing and tugging on patients, but that she could perform the essential functions of wound care coordinator if given reasonable accommodation, her disability discrimination claim survives ...

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

Where a Black teacher alleged a school principal elevated her teaching assistant over her while not interfering in the relationship between other white teachers and their assistants, she plausibly alleged a claim for race discrimination. Background Sherie Ashanti, a Black ...

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

Where the plaintiff alleged that she suffered injuries from a transvaginal mesh implant, but she had no expert testimony on the applicable safety standard or causation, the manufacturer was granted summary judgment. Background Elnora Henderson alleges that she suffered injuries ...

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

Where the record showed the former Richmond city school employee brought several lawsuits intended to harass their targets, she cannot file any more suits against them unless a judge first finds they have merit. Background This matter comes before the ...

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

Where a patient was told she could only dispute medical debt in writing, but the Fair Debt Collection Practice Act does not restrict how consumers may dispute alleged debt, the patient was presumably damaged by having to purchase a stamp, ...

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

Where a detainee alleged that he suffered severe physical and psychological injuries when he was attacked by a guard’s dog, and further alleged that supervisory officials were aware of patrol dog attacks throughout Virginia but did nothing to stop them, ...

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

Where a trust could not enforce the provisions of the master lease against one of the parties, because it had already been assigned to a new tenant assignee, the trust lacked standing because the litigation did not affect the trust’s ...

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

Where the administratrix for a detainee who died after suffering a severe asthma attack alleged that prison officials had direct knowledge that there were no medical staff on-site for 13 overnight hours, and that they knew this practice posed a ...

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