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Judge John A. Gibney Jr.

Aug 30, 2021

Woman can sue hospital under Fair Debt Act

Where a patient was told she could only dispute medical debt in writing, but the Fair Debt Collection Practice Act does not restrict how consumers may dispute alleged debt, the patient was presumably damaged by having to purchase a stamp, thus providing her standing to assert her FDCPA claim. Background Mary Foley, a patient of […]

Aug 30, 2021

Prison officials sued for not stopping guard dog attacks

Where a detainee alleged that he suffered severe physical and psychological injuries when he was attacked by a guard’s dog, and further alleged that supervisory officials were aware of patrol dog attacks throughout Virginia but did nothing to stop them, he plausibly alleged a claim for supervisory liability. Background Curtis J. Garrett alleges that he […]

Aug 30, 2021

Trust lacked standing to appeal order

Where a trust could not enforce the provisions of the master lease against one of the parties, because it had already been assigned to a new tenant assignee, the trust lacked standing because the litigation did not affect the trust’s pecuniary interests. Background Wilmington Trust appeals a bankruptcy court order denying the trust standing to […]

Aug 16, 2021

Inadequate medical staffing suit proceeds

Where the administratrix for a detainee who died after suffering a severe asthma attack alleged that prison officials had direct knowledge that there were no medical staff on-site for 13 overnight hours, and that they knew this practice posed a risk to the health and safety of detainees, the Eighth Amendment claims survived the motion […]

Aug 4, 2021

Basis of employee’s termination a jury question

Where there was evidence of age-related comments at the time the finance department employee was terminated, and the town shifted its explanation for letting her go, a jury will decide if she was terminated because of her personal telephone calls, use of Facebook at work and inaccurate timecards, or her age. Background This case involves […]

Jul 30, 2021

Man terminated for inability to perform, not bias

Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who worked for the Powhatan County Board of Supervisors as a maintenance worker, contends that the […]

Jul 30, 2021

$1 damages awarded in breach of contract case

Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background Multi-Housing Tax Credit Partners sued Alexander Dairy Associates LLC for improperly exercising its option to […]

Jul 20, 2021

Express contract dooms unjust enrichment claim

Where the provider of environmental and waste disposal services alleged there was an express agreement to be paid for its services, its unjust enrichment claim was dismissed because a party may not pursue such a claim if an express contract governs the subject matter underpinning the claim. Background This dispute arises out of agreements between […]

Jul 12, 2021

Suit challenging mortgage default dismissed

A suit alleging various claims arising out of a mortgage default and subsequent receipt of notice of foreclosure was dismissed because the various counts were not cognizable or supported by sufficient factual allegations. Background Dion Robinson sues Abby Moynihan, McCabe Weisberg & Conway LLC, Glen A. Messina and the PHH Mortgage Corporation, asserting various claims […]

Jun 29, 2021

Tenant escapes liability for fire involving subtenant

Where a tenant was sued for negligently allowing its subtenant to start a fire that caused nearly $400,000 in damage, the tenant’s motion to dismiss was granted because it had no duty to protect others from the harmful acts of a third person acting on or near the property. Background On Feb. 9, 2020, a […]

Jun 29, 2021

Ex-employee’s discrimination case can proceed

Where the former Veterans Affairs’ medical center employee alleged his supervisor treated him differently because of his race and religion, that the supervisor’s actions resulted in lower wages and that the supervisor had a history of treating other similarly situated employees differently, the race and religious discrimination claims will proceed to discovery. Background Frank J. […]

Jun 11, 2021

Filing motion for sanctions didn’t violate federal law

Where a school board moved for sanctions against the plaintiff in state court, her federal suit against the school board, its outside law firm and the attorney was dismissed because the sanctions motion did not violate the Americans with Disabilities Act of 1990, or ADA, the Rehabilitation Act of 1973, the Individuals with Disabilities Education […]

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