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Claim May Be Timely After All
A woman who claims she was fired from her job at a 7-Eleven store due to race and age discrimination gets another chance to pursue her case, as the Richmond U.S. District Court grants her Rule 59 motion because it finds a sufficient question of fact as to whether plaintiff filed her EEOC charge within […]
Witness Sequestration Claim Fails
A defendant convicted of bank fraud cannot win a new trial by arguing a government witness violated a court order under Fed. R. Evid. 615, because one government witness made comments to other witnesses, outside the courtroom, as they were waiting to testify. The court denies defendant’s motion because, first and foremost, government witnesses violated […]
Transit Supervisor Fired for Breaking Rule
A transit management company wins summary judgment in a former field supervisor’s suit alleging violation of the Fair Labor Standards Act and defamation based on communication about the company’s receipt of a customer complaint concerning plaintiff. The company allegedly received a complaint that plaintiff had told a customer that if the customer had something to […]
No Injunctive Relief for Dueling Grass Seed Companies
Neither of two companies litigating false advertising claims about the relative merits of their grass-seed products is entitled to a preliminary injunction to keep its opponent from running certain advertisements, a Richmond U.S. District Court says. Plaintiff The Scotts Company LLC and defendant Pennington Seed Inc. distribute, market and sell grass seed and plant food […]
Local Election Board Sees Complaint Dismissed
A Richmond U.S. District Court dismisses plaintiffs’ complaint asserting generalized grievances against the electoral board for the city of Richmond, as plaintiffs fail to state any claim with a legal foundation, for which the court can grant relief. In a nutshell, plaintiffs claim the qualification process for public office candidates for the city of Richmond […]
No TRO in Political Candidate Case
Two plaintiffs who have presented a laundry list of unsupported attacks on the performance of the Virginia State Board of Elections and the city of Richmond General Registrar, along with a complaint about supposed shortcomings of the Virginia Election and Registration Information System, have their motion for a preliminary injunction denied by the Richmond U.S. […]
Large Firm Can’t Collect for Overhead
A Richmond U.S. District Court says defendant “spice” company intentionally violated plaintiff tobacco company’s trademarks for plaintiff’s cigarette brand “NEWPORT” with its similarly packaged product called “NEWPROT,” and the court awards defendant 80 percent of the fees and costs it requested, or $231,976 in fees and $18,909 in out-of-pocket expenses. Defendant submitted an affi[...]
Ex-HR director settles suit against Chesterfield
A former human resources director for Chesterfield County has settled her lawsuit alleging the county discriminated by giving her a less generous severance package than the “sweetheart deals” given to her male counterparts. The county has paid Karla Gerner $42,000, which includes fees for attorney Mark D. Dix, according to a copy of the release […]
Confidentiality Clause in Agreement Breached, Company Says
A Richmond U.S. District Court says a company that alleges a former employee who settled her sexual harassment claim breached a confidentiality clause by sharing details of the settlement with a coworker, who in turn sued the company, can sue the former employee for breach of contract and rescission of the settlement agreement, and the […]
Fire Loss Denied Over Occupancy Issue
A renter’s continued residence in a rental home even after utilities were turned off created a material factual issue about whether the property was vacant when it burned, and a Richmond U.S. District Court denies an insurance carrier’s motion for summary judgment upholding its denial of insurance coverage to the owners of the rental property. […]
Loan Repurchase Prompts Contract Claim
Plaintiff mortgage company can sue defendant mortgage company on a claim that defendant breached an agreement to only sell plaintiff loans that complied with plaintiff’s underwriting and credit requirements, says a Richmond U.S. District Court. A third party in turn bought the loan at issue – a $656,000 loan secured by real property in Idaho […]
Marketing Company Did Not Defame Client
In this litigation arising from a computer vendor’s termination of a contract with a marketing company, neither side wins summary judgment on the vendor’s claim to commission refunds for returned products, but the Richmond U.S. District Court grants the marketing company summary judgment on the computer company’s claim for commercial defamation. In 2008, plaintiff Velocity […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Evidence shows child was abused or neglected
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
