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

A defendant who provides consumer reports for employment purposes wins summary judgment in this class action suit alleging defendant violated Section 1681k of the Fair Credit Reporting Act with its “PEER Letter” notices informing affected consumers about the public record ...

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

A public school academic coach can sue defendant school officials for defamation and harm to her reputation for discontinuing her involvement in Standards of Learning testing after reporting an “inconclusive” result of an investigation into SOL testing irregularities; however, the ...

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

A school employee who took medical leave and leave to care for her husband, and who was not excused for all the leave she took, has not shown that her absence from work for over two months was a pretext ...

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

An African-American middle school principal who was reassigned to an administrative position as Director of Achievement Gap Initiative can sue defendant school board and three of its members for defamation for a statement alleging that teachers and staff at plaintiff’s ...

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

Res judicata, or claim preclusion, bars plaintiff’s asserted claims for breach of contract, breach of the covenant of good faith and fair dealing, conversion, conversion of an instrument, wrongful acceleration, infliction of emotional distress and declaratory judgment that the foreclosure ...

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

A Richmond U.S. District Court or­ders resentencing for a defendant sen­tenced in 2000 under the Armed Career Criminal Act based in part on a prior New York conviction for second-degree assault; the assault conviction no lon­ger qualifies as a “violent ...

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

A plaintiff who owned stock in each of two corporations at the time they merged has standing to bring this derivative sharehold­er action alleging defendants breached their fiduciary duties to shareholders of Apple REIT Ten Inc. in the merger of ...

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

A former school board employee who alleges she disclosed her prior felony con­viction on her job application but was fired when the school board realized it had mistakenly hired her, can sue a television station for defamation for concluding its ...

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

In a plaintiff ’s suit alleging Henrico County Jail West implements a poli­cy of detaining defendants with ques­tioned immigration status an additional 48 hours beyond the time of expiration of an immigration detainer or the time they normally would be ...

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