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

Where there was evidence of age-related comments at the time the finance department employee was terminated, and the town shifted its explanation for letting her go, a jury will decide if she was terminated because of her personal telephone calls, ...

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

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

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

Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background ...

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

Where the provider of environmental and waste disposal services alleged there was an express agreement to be paid for its services, its unjust enrichment claim was dismissed because a party may not pursue such a claim if an express contract ...

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