A woman who alleges injuries from a fall while seeking to avoid a panhandler near a Wal-Mart store cannot sue the store for negligence, says a Richmond U.S. District Court. Wal-Mart had no duty to protect plaintiff from the panhandler’s ...

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

A pharmacy technician’s claim that defendant disability carrier defamed her in letters to her doctor and employer when she applied for disability benefits is preempted by her federal ERISA suit; the Richmond U.S. District Court dismisses plaintiff’s state law defamation ...

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

In this involuntary bankruptcy proceeding of a debtor that merged with counterclaim defendant prior to the bankruptcy, the Richmond U.S. District Court denies the counterclaim defendant’s motion to withdraw reference and to sever the trustees’ counterclaims challenging the counterclaim defendants’ ...

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

Plaintiffs, two Virginia LLCs, may sue a former employee of one of the companies in Richmond U.S. District Court, as he worked in Virginia for the company for six years, as well as his new employer, an Oklahoma LLC that ...

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

In this litigation involving plaintiff surety’s $55 million in performance and payment bonds for five federal construction projects and undisclosed litigation in many other courts, defendant’s “procedural shenanigans” prompt a Richmond U.S. District Court to vacate an agreed preliminary injunction ...

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

A Virginia resident may not sue a Florida corporation, Reiss Engineering Inc., in Richmond U.S. District Court for allegedly violating the Fair Credit Reporting Act by failing to provide him with the required FCRA notices of a credit check at ...

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

A Richmond U.S. District Court upholds the bankruptcy court’s refusal to allow appellant to pursue a tort claim against debtor, AMF Bowling Worldwide Inc., who asserts she was an unknown creditor; the court says that as an unknown creditor, appellant ...

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

An African-American nurse who alleges she was attacked by a violent patient in the Central State Hospital’s maximum security unit and not allowed to immediately leave and seek medical attention cannot sue hospital officials for violation of a right to ...

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

Virginia’s Lemon Law attaches liability to motor home defects only with respect to a motor home’s “self-propelled motorized chassis,” and defendant Thor Motor Coach Inc. did not manufacture the chassis in plaintiffs’ new RV; the Richmond U.S. District Court says ...

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

A plaintiff hired as defendant’s chief financial officer, who alleges defendant’s breach of an oral contract to pay her for performing accounting services for outside agencies, may sue for alleged nonpayments in 2014, and the Richmond U.S. District Court also ...

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