A co-defendant in an antitrust action was not entitled to transfer the case to another venue, even though such venue would be appropriate, because a similar case involving the other co-defendant was pending in the venue chosen by plaintiff and ...

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

Where the deceased fell off a ladder when a piece of a crate he was attempting to pull up suddenly broke off, the administrator of the deceased’s estate could sue the company that designed and manufactured the crate for wrongful ...

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

Where an employee was found to have been at least partially responsible for a transportation failure that left more than 150 special needs students stranded on the first day of school, the employee’s subsequent termination did not constitute unlawful discrimination, ...

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

The rates charged by attorneys in Washington, DC, do not apply in Richmond unless a DC attorney is needed because Richmond attorneys did not have the “required skills” to do the necessary work, a Richmond federal judge has ruled. In ...

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

Though claims were narrowed, a suit by a former employee of the Virginia Board for People with Disabilities who has cerebral palsy alleging her supervisors unfairly scrutinized, criticized and micromanaged her; and promoted a non-disabled person over her and finally ...

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

The attorneys’ fee rates for the Washington, DC, area are not an appropriate measure for setting fees in a case in Richmond. The number of hours was also reduced by 20 percent to account for excessive billing. Background The relator, ...

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

The employee alleged a school board and others violated his civil rights based on a custom or practice that allowed school officials to detain persons with scant evidence of wrongdoing, and that the board failed to properly train its personnel. ...

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

A woman’s assertion that her supervisor at VCU made several derogatory remarks about African-American women during a meeting was insufficient to support her discrimination and retaliation claims because she could not establish that the university’s actions, such as giving her ...

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

The court found that Atlantic Coast Pipeline offered evidence at trial as to the value of the easements condemned through its valuation expert, and landowners received fair market value for their properties. Background Atlantic Coast Pipeline LLC seeks to exercise ...

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

The court held the complaint stated a plausible claim against the ESOP special trustee and other defendants under ERISA. Background Steven B. Brincefield worked for Morton G. Thalhimer Inc., a large commercial real estate firm. Brincefield owns Thalhimer stock and ...

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