A plaintiff who alleges his mortgage lender instructed him to skip two payments in order to apply for the Home Affordable Modification Program and then initiated foreclosure proceedings against him cannot amend his complaint to allege violations of the Fair ...

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

In this litigation arising from the merger of three Virginia REITs into a single corporation, plaintiff shareholder of the corporation into which the other two was merged has stated derivative claims against defendant directors for breach of the duty of ...

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

Plaintiff filed a class action suit alleging defendant Swift Transportation Co. of Arizona LLC failed to comply with the Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq., including the disclosure procedures set forth in § 1681b when it ...

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

A quadriplegic resident of a nursing home has stated a medical malpractice claim by alleging she was identified upon admission as a fall risk but defendant nursing home failed to have adequate staff or an adequate plan in place to ...

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

The former CEO of a construction company who now lives in Maryland, and who is suing the Alaskan company that bought his shares and terminated him after three years, may not sue the company on their employment contract in Virginia ...

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

In plaintiff’s class action suit alleging defendant Experian Information Solutions violated the Fair Credit Reporting Act by failing to disclose the true source of information for their credit reports, the Richmond U.S. District Court grants summary judgment to plaintiff on ...

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

Plaintiff’s age discrimination suit is not barred by judicial estoppel because he failed to disclose his EEOC charge in his bankruptcy proceeding; the Richmond U.S. District Court finds the bankruptcy court did not “accept” plaintiff’s position that he had no ...

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

In determining a buyer’s final payment under an agreement to buy plaintiff’s Harley Davidson dealership, a Richmond U.S. District Court says defendant buyer is entitled to recoupment that will reduce the purchase amount, even though the subject promissory note states ...

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

An employee of the Federal Reserve Bank who was hospitalized for alcoholism and depression could be terminated for attendance problems, failure to notify the Bank of his absences, and taking a company car to oversee a project in Baltimore and ...

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

In plaintiff’s suit seeking to terminate its requirements contract with defendant Ethyl Corporation for a lead-based fuel additive, the Richmond U.S. District Court says the contract’s arbitration clause commits questions of arbitrability to the arbitrator, and the court dismisses plaintiff’s ...

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