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
Read More »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
Read More »A company suing to collect on its multiple contracts to provide utility submetering services at apartment complexes may sue the parties it contracted with and need not join the contract assignees, a Richmond U.S. District Court holds. According to the ...
Tagged with: Civil Procedure Judge John A. Gibney Jr. U.S. District Court - Eastern District
Read More »A petitioner serving a 25-year sentence for rape and object penetration is not entitled to geriatric release; a Richmond U.S. District Court says that even if the Virginia Parole Board did not follow its own voting procedure when it denied ...
Tagged with: Criminal Judge John A. Gibney Jr. U.S. District Court - Eastern District
Read More »The estate of a worker who died while using a ripsaw which produced a “kickback” and sent a sliver of wood out of the machine, striking him in the head, has stated claims against the ripsaw manufacturer and its holding ...
Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District
Read More »A Richmond U.S. District Court orders both parties to submit “all original time records and entire client bills” when defendant credit reporting agency objected to paying a $95,361 attorney’s fee after plaintiff consumer accepted the agency’s $65,000 offer of judgment; ...
Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District
Read More »Faced with a “Stalingrad defense” to a plaintiff’s request for attorney’s fees in a consumer protection case, a Richmond federal judge took the novel approach of asking the defendant company to file its own billing records with the court. The ...
Tagged with: Civil Procedure Judge John A. Gibney Jr.
Read More »Defendant Family Dollar Stores wins summary judgment in this suit filed by plaintiffs who allege defendant violated the Fair Credit Reporting Act by taking adverse action against job applicants before providing FCRA-required notice; in contrast to some other district courts, ...
Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District
Read More »A Richmond U.S. District Court certifies a class in plaintiffs’ suit alleging defendant employers did not hire plaintiffs based, in part, on information contained in consumer reports furnished by Trans Union LLC, in violation of the Fair Credit Reporting Act. ...
Tagged with: Consumer Reporting Judge John A. Gibney Jr. U.S. District Court - Eastern District
Read More »A Maryland federal court’s Local Rule 701 regulating practice by Maryland bar members and non-Maryland bar members for lawyers practicing in the federal court does not violate the First Amendment, the Equal Protection Clause, the Rules Enabling Act or the ...
Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge John A. Gibney Jr.
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