Where a plaintiff sued an insurance company after he had already obtained a judgment against the wrongdoer alleged to be covered under the insurance company’s policy, the insurance company did not assume the citizenship of the purported insured and the ...

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

Where a bargain outlet purchased a company’s interest in a sublease for a store at a shopping center during an auction held as part of the company’s bankruptcy proceedings, the shopping center could not reverse the sale and prevent the ...

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

Where an executrix of an estate had been gifted property by the decedent and a bank later sold that property at a foreclosure sale, the executrix did not have standing to bring a breach of contract claim against the bank ...

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

A defendant was entitled to a sentencing reduction under the First Step Act even though the drug weight attributed to him in his presentence report would render him in eligible for relief because eligibility for relief is based on charging ...

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

The government’s “flimsy” justification for the strip search, together with the scope of the search, led the court to suppress evidence seized following the  strip search. The court, however, held earlier searches of the defendant’s car and cell phones were ...

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

Although the plaintiff’s claim did not expressly allege discrimination on the basis of color,  the administrative investigation revealed allegations of color discrimination that were reasonably related to the original race discrimination charge. Background Nikki A. Gardner began working as a ...

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

After a three-year delay in an “expedited” naturalization process, the court imposed a 45-day deadline for U.S. Citizenship and Immigration Services (USCIS) to render a decision or the court will exercise its authority to decide the case. Background Junfei Ge, ...

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

A firefighter did not need to specify the essential functions of his job with the Chesterfield Fire and Emergency Medical Services to sue the county for violating the Americans with Disabilities Act by arbitrarily discontinuing an accommodation made for his ...

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

A Guatemalan citizen charged with illegal reentry could not dismiss the charge against him by collaterally attacking the underlying deportation order as invalid because he could not establish any due process violation. Background Efrain Avila Flores is a citizen of ...

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

A federal judge has ordered a Richmond businessman to pay $25,000 in punitive damages and could add an award of attorneys’ fees in the fallout from a failed riverside residential development in Hopewell. U.S. District Judge John A. Gibney said ...

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