The court held the complaint stated a plausible claim against the ESOP special trustee and other defendants under ERISA. Background Steven B. Brincefield worked for Morton G. Thalhimer Inc., a large commercial real estate firm. Brincefield owns Thalhimer stock and ...

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

The dismissal of a parole officer’s discrimination claims was upheld, because they were filed under the Rehabilitation Act, which is governed by the two-year statute of limitations in the Maryland Fair Employment Practices Act rather than Maryland’s three-year statute of ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge John A. Gibney Jr.

The estate of an 18-year-old who was shot by an off-duty police officer plausibly alleged a claim against the City of Richmond and the officer under § 1983, because it contained sufficient allegations that the officer acted under color of ...

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

While the court dismissed some claims brought by an addiction recovery business that the defendant attempted to steal clients, it found allegations that the defendant changed the recovery business’s phone number on the Internet in order to redirect customers, were ...

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

A Virginia addiction recovery business can proceed with its federal court claims that a competitor used an underhanded Google tactic to steal potential customers, a judge has ruled. The Richmond-based plaintiff – doing business as Broad Highway Recovery – is ...

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

Although the defendants eventually paid the amount required under the parties’ contract, the payment did not moot the lawsuit because defendants’ conduct potentially exposed the plaintiff to damages. And as there was a disputed issue of material fact over whether ...

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

The Hodges Law Offices took no steps to advance litigation during a debt verification process, and thus did not violate the Fair Debt Collection Practices Act, which does not require a debt collector to dismiss an action initiated before a ...

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

Where a delay in filing motions did not prejudice the plaintiff, an employer did not waive its right to compel arbitration in a discrimination suit. Background Smiley, a 50-year-old white man, worked for Forcepoint as a salesman. He says that ...

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

An Asia-based retailer that sufficiently participated in the bidding process for the liquidated assets of Toys “R” Us subjected itself to personal jurisdiction in the United States. Background In September 2017, Toys “R” Us declared bankruptcy. Since then, the bankruptcy ...

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

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

Tagged with: Consumer Reporting Judge John A. Gibney Jr. Mortgage Real Estate Real Property U.S. District Court - Eastern District