Where a man protesting police brutality in downtown Fredericksburg alleged that officers repeatedly shouted directives at him, causing him to stop his movements, and that he was subsequently detained and issued a citation, he plausibly alleged a First Amendment retaliation ...

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

A Richmond police officer’s allegations that he was retaliated against after complaining about being denied a promotion for discriminatory reasons have survived the city’s motion to dismiss. The Eastern District of Virginia found the officer had sufficiently alleged a violation ...

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

Where the manufacturer of a pressure cooker argued that it disclaimed any implied warranty of merchantability in its instruction manual, but the disclaimer located on Page 30 of a “busy and colorful” booklet was not conspicuous, its motion to dismiss ...

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

Where a Richmond police officer alleged that he was not promoted because of his race, national origin and age, and that a sergeant retaliated against him after he complained, his discrimination and retaliation claims survived the department’s motion to dismiss. ...

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

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, ...

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

Where a former bank employee asserted multiple claims for race discrimination, but there was no evidence that he was treated differently than other employees based on his race, the bank prevails on summary judgment. Background Courtney Edmond began working for ...

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

Where two brothers alleged that Spotsylvania County deputies routinely order citizens to identify themselves under threat of obstruction charges and then arrest those who refuse, like the brothers, their suit against the county sheriff survived a motion to dismiss. Background ...

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

Where an internet security company moved to dismiss a complaint, filed an answer, moved to stay the action, appeared at a hearing, participated in a settlement conference and engaged in discovery before it moved to enforce a forum-selection clause, the ...

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

Where two companies that manufacture and sell wood protection products moved to dismiss a third competitor’s suit claiming they engaged in false advertising, their motion was denied because the complaint pleaded that a false representation was made in interstate commerce, ...

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

A former Richmond Public Schools teacher can move forward on her Title VII claim for race discrimination against the school district, a federal court judge has ruled. U.S. District Judge John A. Gibney Jr. determined that the teacher made sufficient ...

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