Although the defendants eventually paid the amount required under the parties’ contract, the payment did not moot the lawsuit because defendants’ conduct potentially exposed the plaintiff to damages. And as there was a disputed issue of material fact over whether ...

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

The Hodges Law Offices took no steps to advance litigation during a debt verification process, and thus did not violate the Fair Debt Collection Practices Act, which does not require a debt collector to dismiss an action initiated before a ...

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

Where a delay in filing motions did not prejudice the plaintiff, an employer did not waive its right to compel arbitration in a discrimination suit. Background Smiley, a 50-year-old white man, worked for Forcepoint as a salesman. He says that ...

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

An Asia-based retailer that sufficiently participated in the bidding process for the liquidated assets of Toys “R” Us subjected itself to personal jurisdiction in the United States. Background In September 2017, Toys “R” Us declared bankruptcy. Since then, the bankruptcy ...

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

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

Tagged with: Consumer Reporting Judge John A. Gibney Jr. Mortgage Real Estate Real Property U.S. District Court - Eastern District

An Amazon warehouse employee who beat up a coworker based on the victim’s sexual orientation couldn’t be convicted of a federal hate crime, though the jury delivered a guilty verdict. The act didn’t affect interstate commerce and, thus, was outside ...

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

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge David A. Oblon Judge Henry Coke Morgan Jr. Judge John A. Gibney Jr. Judge Norman K. Moon Judge Robert E. Payne Judge Roger L. Gregory Judge William G. Petty

A Richmond federal judge has allowed malicious prosecution claims against a Virginia commonwealth’s attorney and a state detective to go forward. The decision this month keeps alive the complaint filed by a one-time candidate for Greensville County sheriff who contends ...

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

In a contract dispute between a Dominion subsidiary and a pipeline-construction company, the court resolved some issues related to non-payment claims, but held that the scope of the parties’ contract and certain aspects of its performance could not be determined ...

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

An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background ...

Tagged with: Civil Rights Elections Judge John A. Gibney Jr. Municipal Search & Seizure Tort U.S. District Court - Eastern District