Zambrano v. Sessions (VLW No. 017-2-208, 9 pp.) (Gibney, D.J.) 16-2131; Dec. 5, 2017; on petition for review from the Board of Immigration Appeals. 4th Cir. Holding: Even though the Honduran petitioner failed to seek asylum within one year of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge John A. Gibney Jr.

Bowman v. ResCare, Inc.  (VLW No. 017-3-510, 14 pp.) (Gibney, J.) Civil Action No. 3:16-CV-601-JAG Holding: Where plaintiffs-employees claim their workplace conditions were poor, their supervisors ignored their complaints and treated them badly, and they were paid unfairly, and where ...

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

Defendant Longwood University wins summary judgment in plaintiff marketing professor’s suit under 42 U.S.C. § 1981 alleging she was denied tenure due to her Turkish ethnicity and national origin, as demonstrated by faculty comments that she “did not fit in”; ...

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

A tenant’s suit alleging injury from significant mold levels in her apartment is remanded from Richmond U.S. District Court to Virginia state court; defendants failed to show fraudulent joinder of the apartment complex manager, as plaintiff alleged she relied on ...

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

A Richmond U.S. District Court denies a preliminary injunction to plaintiff Kroger Company to stop defendant Lidl, a supermarket chain based in Germany, from using its “Preferred Selection” mark for its store brand of products, which Kroger says can be ...

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

An administrator for the estate of a pretrial detainee who died at Richmond City Justice Center after medical staff allegedly placed him on an opiate, rather than a benzodiazepine, withdrawal regimen, states plausible claims for negligence and deliberate indifference by ...

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

A Richmond fed­eral judge has unsealed specif­ics of legal mal­practice claims leveled against Richmond-based law firm of LeClairRyan PC in connection with the federal prosecution and bankruptcy of Health Di­agnostic Laboratory Inc. Approving LeClairRyan’s $20.375 million settlement of those claims, ...

Tagged with: Health Diagnostic Laboratory Judge John A. Gibney Jr. LeClairRyan Legal Malpractice U.S. District Court - Eastern District

A video production company’s editing of a broadcaster’s interview with members of a gun rights advocacy group to present an eight-second silence before the interview subject responded to a question about keeping terrorists from getting guns without background checks was ...

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

A VCU professor who specialized in pediatric infectious disease has not shown that his termination for failure to comply with VCU’s Investigational New Drug/Investigational Device Exemption Policy was a pretext for age discrimination, and he loses his suit on summary ...

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

A Richmond U.S. District Court says Dominion Virginia Power has violated the Clean Water Act by storing ash from burnt coal in piles and lagoons on its Chesapeake Energy Center site, allowing arsenic to leach into groundwater and surrounding surface ...

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