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School didn’t discriminate against teacher
Where Richmond Public Schools failed to renew the probationary contract of an elementary school teacher because of her aggressive and argumentative conduct toward her superiors, her coworkers and patrons of the Richmond schools, it prevailed on her race discrimination claim.
Court tosses employee’s disparate treatment claim
Where a tester/trainer for the Virginia Department of Motor Vehicles, or DMV, asserted a claim for Title VII discrimination, but he failed to identify his protected class or any evidence of discriminatory intent, his disparate treatment claim was dismissed. Background Keith Alston worked as a part-time tester/trainer for the Virginia Department of Motor Vehicles, or […]
Jury to decide unequal pay claim
Where the Virginia Department of Environmental Quality, or DEQ, argued that a male permit writer was paid more than a female permit writer because of his prior salary, but the parties disputed whether DEQ’s disparate application of compensation policies to prospective employees of different sexes was based on a sex-neutral reason, a jury will decide […]
Jury to decide if official applied force maliciously
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 of the jail or other officers, the official’s motion for summary judgment was denied. Background […]
Foreign arbitral award confirmed
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 only on the disputed contract, the parties were bound by the arbitral award and there […]
Agency accused of race discrimination
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, he plausibly alleged a claim for race discrimination. Background Ehonam M. Agbati has sued his […]
Federal jury to hear equal pay case
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 to identify appropriate comparators and that summary judgment was appropriate because the salary differences were […]
Jail officials accused of failing to prevent attack
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 survived their motions to dismiss. Background In August 2019, two persons violently assaulted detainee Isiah […]
No jurisdiction over suit vs. unemployment commission
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 Michael J. Edwards Jr. filed a complaint on May 16 2022, alleging that his claim […]
Fraud claims against insurer avoid dismissal
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 International LLC, et al. v. American Empire Surplus Lines Ins. Co. and Great American Ins. […]
First Amendment protects ‘repugnant’ parody images
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 and Earth Intelligence Network, or EIN, sue Jason Goodman for defamation, business conspiracy and unauthorized […]
FCRA claim fails due to lack of damages
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 suit was dismissed for lack of standing. Background Ruhi Reimer sued LexisNexis Risk Solutions Inc., […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
