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Tag Archives: Judge John A. Gibney Jr.

Protestor’s First Amendment retaliation claim proceeds (access required)

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 ...

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Officer’s retaliation claims survive (access required)

Police car

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 ...

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Out-of-state resident subject to VA choice-of-venue clause (access required)

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, ...

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Sheriff sued for alleged illegal stops (access required)

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 ...

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Competitors can’t dismiss false advertising claim (access required)

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, ...

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