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Judge John A. Gibney Jr.

May 26, 2022

Out-of-state resident subject to VA choice-of-venue clause

Where a woman who works and resides in Massachusetts agreed to a Virginia choice-of-venue clause in her employment agreement, the clause was enforceable when the company sued her alleging she wrongfully competed with it after she resigned. Background Susan LePage, a former employee of The Hilb Group of New England LLC or THO-NE, who has […]

Feb 21, 2022

Bank defeats race discrimination claim

Where a former bank employee asserted multiple claims for race discrimination, but there was no evidence that he was treated differently than other employees based on his race, the bank prevails on summary judgment. Background Courtney Edmond began working for Wells Fargo Clearing Services LLC in 2015. Two years later, Edmond started a new import […]

Feb 21, 2022

Sheriff sued for alleged illegal stops

Where two brothers alleged that Spotsylvania County deputies routinely order citizens to identify themselves under threat of obstruction charges and then arrest those who refuse, like the brothers, their suit against the county sheriff survived a motion to dismiss. Background Marc and Robert Stout allege that, between 2013 and 2021, “Spotsylvania County deputies have charged, […]

Jan 24, 2022

Litigation conduct waived forum-selection clause

Where an internet security company moved to dismiss a complaint, filed an answer, moved to stay the action, appeared at a hearing, participated in a settlement conference and engaged in discovery before it moved to enforce a forum-selection clause, the forum selection motion was rejected. Background Synopsys Inc. and Risk Based Security Inc., or RBS, […]

Jan 24, 2022

Competitors can’t dismiss false advertising claim

Where two companies that manufacture and sell wood protection products moved to dismiss a third competitor’s suit claiming they engaged in false advertising, their motion was denied because the complaint pleaded that a false representation was made in interstate commerce, causing likely consumer deception and resulting damages. Background ISK Biocides Inc., Pallet Machinery Group Inc., […[...]

Jan 18, 2022

Teacher’s claim survives motion to dismiss

A former Richmond Public Schools teacher can move forward on her Title VII claim for race discrimination against the school district, a federal court judge has ruled. U.S. District Judge John A. Gibney Jr. determined that the teacher made sufficient allegations from which a finder of fact might conclude that she suffered racial discrimination, rejecting […]

Jan 10, 2022

Nursing employee’s ADA claim proceeds

A nursing employee’s claims that her former employer violated the Americans with Disabilities Act, or ADA, by failing to accommodate her disability survived a motion to dismiss filed by the employer. A motion to dismiss by an individual defendant in the case was also granted in part and denied in part. U.S. District Judge John […]

Jan 3, 2022

Expert testimony excluded in product liability case

Where a restaurant server claimed she was injured by a defective tea brewer, but her professional engineer expert never examined the actual brewer and there was no testimony that the brewer he examined was the same model, his opinion was excluded as unreliable. Background In early 2019, Diana Lettie-Marie Crummett worked as a server at […]

Jan 3, 2022

Nursing employee’s ADA claim can go forward

Where a skilled nursing facility employee alleged her medical issues prevented her from pulling, pushing and tugging on patients, but that she could perform the essential functions of wound care coordinator if given reasonable accommodation, her disability discrimination claim survives a motion to dismiss. Background Bashan Scheurer-Henry sues her former employer, Envoy of Richmond LLC, […]

Jan 3, 2022

Former Richmond teacher alleges race discrimination

Where a Black teacher alleged a school principal elevated her teaching assistant over her while not interfering in the relationship between other white teachers and their assistants, she plausibly alleged a claim for race discrimination.

Sep 9, 2021

Lack of expert testimony dooms mesh implant claims

Where the plaintiff alleged that she suffered injuries from a transvaginal mesh implant, but she had no expert testimony on the applicable safety standard or causation, the manufacturer was granted summary judgment. Background Elnora Henderson alleges that she suffered injuries from a transvaginal mesh implant that Boston Scientific Corporation designed and manufactured. Henderson brings eight [&h[...]

Aug 30, 2021

Ex-school employee barred from filing more suits

Where the record showed the former Richmond city school employee brought several lawsuits intended to harass their targets, she cannot file any more suits against them unless a judge first finds they have merit. Background This matter comes before the court on a motion for sanctions filed by Harman, Claytor, Corrigan & Wellman and Harman […]

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