A suit alleging various claims arising out of a mortgage default and subsequent receipt of notice of foreclosure was dismissed because the various counts were not cognizable or supported by sufficient factual allegations. Background Dion Robinson sues Abby Moynihan, McCabe ...

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

Where a tenant was sued for negligently allowing its subtenant to start a fire that caused nearly $400,000 in damage, the tenant’s motion to dismiss was granted because it had no duty to protect others from the harmful acts of ...

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

Where the former Veterans Affairs’ medical center employee alleged his supervisor treated him differently because of his race and religion, that the supervisor’s actions resulted in lower wages and that the supervisor had a history of treating other similarly situated ...

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

Where a school board moved for sanctions against the plaintiff in state court, her federal suit against the school board, its outside law firm and the attorney was dismissed because the sanctions motion did not violate the Americans with Disabilities ...

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

An employer defending an Equal Pay Act claim can point to prior salary as a factor other than sex that explains the pay differential between the employee and their alleged comparators. Background The four named plaintiffs and the defendant, the ...

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

Where the designer and builder never identified a third party contract or business relationship that was interfered with through the defendant’s conduct, their tortious interference claim failed as a matter of law. At best, they showed they had a business ...

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

Where an officer claimed she acted reasonably in shooting the robbery suspect because she could not see his left hand and he refused to cooperate with her commands, she had no specific evidence that he carried a weapon or posed ...

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

Where one party to a partnership agreement retained an appraiser to value the partnership over the other partner’s objection, and then purportedly exercised its option to purchase the other partner’s interest based upon that valuation, a jury will decide if ...

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

An inmate’s Eighth Amendment and Equal Protection claims, arising out of alleged bias against white males, was dismissed because he failed to show that he was treated any differently from other inmates. Background Louis Roy Chapman, a Virginia inmate proceeding ...

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

An attorney in the Office of the Attorney General failed to show she was paid less than similarly situated male attorneys. The two male lawyers she identified had different objectives, tasks, duties, skills, supervisors and experience, and thus they were ...

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