Where a detailed and largely accurate tip from a reliable confidential informant, together with police knowledge of the defendant’s involvement in a prior drug trafficking investigation, his criminal history and his presence at a hotel known for drug trafficking provided ...

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

Where a professor failed to timely file a discrimination claim against a university, he cannot reopen the time for filing the discrimination claim by filing a retaliation claim based on an email in which the university simply reiterated its refusal ...

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

Where a borrower claims she did not retain counsel because she relied on a bank representative that foreclosure of her home was “on hold,” and that a lawyer would have  challenged the validity of the appointment of the substitute trustee ...

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

Although the Fourth Circuit has held that a “separate violation” of the Fair Debt Collection Practices Act occurs every time an improper communication, threat or misrepresentation is made, where a suit was filed on April 2, 2019, alleging FDCPA violations ...

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

Although a bank argued it refused to hire the plaintiff because federal regulations prohibit hiring persons with criminal convictions involving dishonesty or breach of trust, this response to the plaintiff’s race, disability and age discrimination claims could not be raised ...

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

Where neither plaintiff alleging race-based disparate treatment at a power plant lived in Virginia and the allegedly discriminatory conduct occurred in the Western District of Virginia, where most of the witnesses likely resided, the case was transferred to that court. ...

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

Where the defendant did not identify itself as a debt collector during telephone calls to the plaintiff, and falsely suggested it would pursue legal action, the plaintiff was awarded $1,000 in actual damages, $1,000 in statutory damages and $11,445 in ...

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

Historical pricing data, discussions about pricing and failed corporate expansion documents that were attached to motions or expert reports in an antitrust case will not be sealed because the public’s rights of access outweighed the litigants’ privacy concerns. Individual phone ...

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

Breach of contract claims brought by a teacher who alleges he was improperly terminated after he refused to refer to a transgender male student by male pronouns do not arise under federal law, even though federal law could inform the ...

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

Customers alleging that their bank’s imposition of overdraft fees violated the deposit agreement asserted facts suggesting the deposit agreement was ambiguous and that the bank exercised its contractual discretion in bad faith. The breach of contract claim survived the motion ...

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