Although the former executive of a Richmond-based advertising agency alleged a New York-based reporter and publisher conspired to harm his reputation by publishing false and defamatory articles about his resignation, the targeted conduct— news-gathering, fact-checking and publication—is typical of news ...

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

Where a hospital sued an infant’s insurer, alleging it underpaid for service, the Employee Retirement Income Security Act of 1974 did not preempt the breach of contract claim because ERISA does not provide a cause of action for health care ...

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

Although a woman alleged that five court employees conspired to interfere with her civil rights by not providing records she needed to prosecute her appeal, employees cannot conspire with their employer. Background Vicki Lindsey has sued five employees of the ...

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

Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

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

A former top executive with The Martin Agency in Richmond who claims he was unfairly maligned by an article in Adweek may have to sue in a court outside of Virginia. A judge says the advertising trade magazine lacks sufficient ...

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

In considering whether to enforce a liquidated damages clause in a contract between Mitsubishi and White Oak, only the probable actual damages as contemplated by the parties at the time of contract formation is relevant. A retrospective approach, looking to ...

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

Although the plaintiff’s attorney agreed, as part of a settlement of a case under the Fair Credit Reporting Act, to not bring further claims against Equifax Information Services LLC for 18 months, and Virginia’s ethics rule does not prohibit such ...

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

The Chesterfield school board had agreed to provide certain educational services to the defendant’s son and she agreed not to sue the board for events that predated the settlement pact. After she later sued the board over the earlier events, ...

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

Where a workplace feud resulted in a murder at a Wendy’s located in a travel center, the facts failed to show the owner of the travel center had knowledge of a threatened assault, or that the scheme involved more than ...

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

In a suit alleging two companies unlawfully conspired to fix prices in the market for interior molded doors, new claims under various state consumer protection statutes were allowed. However, time-barred damages claims of new plaintiffs did not “relate back” to ...

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