Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

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

A former top executive with The Martin Agency in Richmond who claims he was unfairly maligned by an article in Adweek may have to sue in a court outside of Virginia. A judge says the advertising trade magazine lacks sufficient ...

Tagged with: Defamation Judge John A. Gibney Jr. Personal Injury U.S. District Court - Eastern District

In considering whether to enforce a liquidated damages clause in a contract between Mitsubishi and White Oak, only the probable actual damages as contemplated by the parties at the time of contract formation is relevant. A retrospective approach, looking to ...

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

Although the plaintiff’s attorney agreed, as part of a settlement of a case under the Fair Credit Reporting Act, to not bring further claims against Equifax Information Services LLC for 18 months, and Virginia’s ethics rule does not prohibit such ...

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

The Chesterfield school board had agreed to provide certain educational services to the defendant’s son and she agreed not to sue the board for events that predated the settlement pact. After she later sued the board over the earlier events, ...

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

Where a workplace feud resulted in a murder at a Wendy’s located in a travel center, the facts failed to show the owner of the travel center had knowledge of a threatened assault, or that the scheme involved more than ...

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

In a suit alleging two companies unlawfully conspired to fix prices in the market for interior molded doors, new claims under various state consumer protection statutes were allowed. However, time-barred damages claims of new plaintiffs did not “relate back” to ...

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

The plaintiff, an African American immigrant from Togo, successfully alleges that although he had “the most seniority” and was “the most qualified,” the Virginia Department of Agriculture and Consumer Services, or VDACS, promoted a white woman to a supervisor position. ...

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

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 ...

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

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 ...

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