Where a detainee claimed a prison official grabbed him by the throat, slammed his head into the van and slapped him, while he was secured in handcuffs and leg restraints and therefore was only a limited threat to the security ...

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

Where an arbitrator previously found that a Virginia-based company breached a delivery contract, the award was not invalid, the Virginia-based company had ample notice of and benefitted from multiple extensions to participate in the arbitral proceeding, the arbitration was focused ...

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

Where an African American immigrant from Togo alleged that the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisory position, despite the fact he had the most seniority and was the most qualified, ...

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

A federal jury will hear the case of three female geologists who claim the Virginia Department Environmental Quality, or DEQ, willfully paid men higher wages for work of equal skill, effort and responsibility. The DEQ argued that the plaintiffs failed ...

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

Where a detainee who was violently assaulted by two other detainees alleged that he was incarcerated under conditions which posed a substantial risk of serious harm and that jail officials each acted with deliberate indifference to that risk, his claims ...

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

Where a man alleged that his due process rights were violated because the Virginia Employment Commission, or VEC, had not processed his November 2021 claim, but failed to establish the court had subject matter jurisdiction, his suit was dismissed. Background ...

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

A property insurer that refused to make advance payments after a devastating fire at a seafood processing plant and allegedly coerced the claimant into cooperating with an investigation into third parties can be sued for fraud. In Sustainable Sea Products ...

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

Where the defendant published videos and sold merchandise that depicted a man’s face on the hind end of an animal and on a cartoon body, those creations, while repugnant, are parody images protected by the First Amendment. Background Kathy Steele ...

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

Where the plaintiff alleged that a company inaccurately reported his driver’s license number and state of issuance, but he only alleged emotional distress or wasted time damages in conclusory fashion, and his only economic damages were $1 in postage, the ...

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

Where the Virginia Department of Environmental Quality, or DEQ, argued that it paid a male remediation geologist more than women remediation geologists because of his length of service and the legislative salary increases he received as a state employee, but ...

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