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

Although a disability plan adminis­trator made mistakes during plaintiff pharmacy technician’s second appeal of a denial of long-term disability ben­efits – including relying on the wrong Facebook profile to assume plaintiff was planning to take a cruise – the plan ...

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

In this dispute between a decedent’s first wife and two children, and his sec­ond wife, over who is the rightful bene­ficiary of decedent’s retirement savings plan proceeds of $372,056, collateral estoppel does not apply to bar this suit, in the ...

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

A Richmond U.S. District Court grants summary judgment for defen­dant director of the Central State Hos­pital on a claim by an African-American nurse who alleges an equal protection claim based on her allegations of race-based staffing and that she was ...

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