Where a psychiatrist elected to resign from the Bureau of Prisons rather than retake a test she claimed was discriminatory, she could not establish she suffered an adverse employment action because she was not constructively discharged. Background In 2014, Dr. ...

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

A business that transferred thousands of dollars – based on a fraudulent email it believed was coming from the company’s president – failed to demonstrate its loss was covered by insurance. Instead, the loss was barred by the voluntary parting ...

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

Where the New Jersey corporation’s contacts with Virginia were not related to the alleged violations of the Lanham Act and did not constitute a “significant and continuous” business relationship in Virginia, personal jurisdiction was found lacking. Moreover, because the evidentiary ...

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

A defendant lost his motion to suppress because the record contained no evidence that law enforcement officers intentionally or deliberately waited to advise him of his rights under Miranda v. Arizona, 384 U.S. 436 (1966) until he admitted to criminal ...

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

After three attempts at suing the Richmond Redevelopment and Housing Authority for alleged unsafe conditions, a senior citizen resident again failed to show he was treated differently because of his age or religion or that he was the victim of ...

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

Although Nationwide argued it had no duty to satisfy a judgment arising from an automobile accident because it was not provided timely notice or because the injuries were incurred as a result of an intentional act, these arguments were contrary ...

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

A national staffing agency that was sued by its recruiters for overtime wages litigated various pretrial motions and engaged in discovery. However, it filed its first motion to compel arbitration shortly after the recruiters filed suit, the parties held discussions at ...

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

Where a company constructing a 600-mile underground natural gas pipeline required an easement over the defendants’ property, and the landowners failed to respond to the complaint for eminent domain, the company was granted the easement and ordered to pay $133.57 ...

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

Where a woman agreed to arbitrate her claims against an auto dealership, the dispute was ordered to arbitration despite the agreement’s waiver of punitive damages because the waiver was not against public policy. Although she sought an evidentiary hearing regarding ...

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

Where cigarette rolling paper manufacturers established the defendants were liable for trademark counterfeiting, trademark infringement, false designation of origin and common law unfair competition, the manufacturers were awarded statutory damages, an injunction and costs. The counterfeiters were also ordered to ...

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