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Tag Archives: Judge John A. Gibney Jr.

Property interest argument fails in tenure review case (access required)

Where an assistant professor at Virginia State University claimed that denying his tenure application without review violated his due process rights, his argument was rejected because he does not have a protected property interest in the tenure review process. However, immunity ...

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University researcher’s bias claims are untimely or unsupported (access required)

Where a Virginia State University researcher failed to allege any discriminatory conduct that occurred within 300 days from the date she filed with EEOC, her disparate treatment, failure to promote and retaliation claims were time barred. Her failure to plead ...

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Hostile environment claim against UR dismissed (access required)

A former Associate Dean of the School of Arts and Sciences at the University of Richmond who alleged the Dean criticized and humiliated her, stripped her of responsibilities and barred her from working with other personnel, causing her to resign, ...

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Attorneys’ fee claim fails even though U.S. forced to ‘do the right thing’ (access required)

A prior order that required the U.S. Citizenship and Immigration Services, or USCIS, to “do the right thing” and act on a military veteran’s long-pending citizenship application under a program that promises expedited processing in return for military service, was ...

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Multimillion dollar death verdict cannot be overturned (access required)

Although Overhead Door, in a case involving one of its workers injured on the job, challenged a wrongful death verdict, including attacks on jury instructions, evidentiary challenges and comments by the trial judge, it failed to demonstrate the company was ...

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Bias claims against state agency are time-barred (access required)

Where the relevant conduct in an employee’s bias complaint occurred more than 300 days before the operative charge of discrimination was filed with the Equal Employment Opportunity Commission, or EEOC, her discrimination, retaliation and hostile work environment claims were time-barred. ...

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Voluntary resignation ends Title VII and ADEA claims (access required)

Where a psychiatrist elected to resign from the Bureau of Prisons rather than retake a test she claimed was discriminatory, she could not establish she suffered an adverse employment action because she was not constructively discharged. Background In 2014, Dr. ...

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No jurisdiction over New Jersey corporation (access required)

Where the New Jersey corporation’s contacts with Virginia were not related to the alleged violations of the Lanham Act and did not constitute a “significant and continuous” business relationship in Virginia, personal jurisdiction was found lacking. Moreover, because the evidentiary ...

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