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

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, ...

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

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 ...

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

Where an insured failed to present facts showing that Progressive’s denial of his automobile insurance claim was based on race or was part of a policy that has a disparate impact on minorities, his claims were dismissed with prejudice. His ...

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

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 ...

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

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. ...

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

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. ...

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

A business that transferred thousands of dollars – based on a fraudulent email it believed was coming from the company’s president – failed to demonstrate its loss was covered by insurance. Instead, the loss was barred by the voluntary parting ...

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

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 ...

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