Where two debt collectors argued an attorney’s fees claim brought by a consumer was barred by res judicata, but they failed to show that the prior dismissal was a judgment on the merits, and the prior litigation did not involve ...

Tagged with: Consumer Protection Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where a manager allegedly asked why Black girls wore wigs, said that one employee’s wig looked matted and dirty, and used the word “colored,” those alleged statements did not rise to the level of severity necessary to alter the terms ...

Tagged with: Employment Discrimination Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where correctional officers were sued for their alleged role in the death of a detainee, an expert on correctional facilities may testify about the standard of care and his opinion that the officers breached the duties they owed to the ...

Tagged with: Judge Lawrence R. Leonard Tort U.S. District Court - Eastern District

Where two men filed suit over their interaction with security at Busch Gardens amusement park and planned to testify as experts on security personnel conduct in their own case, they were precluded from doing so because their disclosures were deficient ...

Tagged with: Judge Lawrence R. Leonard Tort U.S. District Court - Eastern District

Where a Muslim teacher alleged she was subject to mandatory Christian prayers and other proselytizing, despite requests that such efforts cease; was repeatedly called a “radical Islamic terrorist” and her repeated complaints were ignored, she plausibly alleged a claim for ...

Tagged with: Employment Discrimination Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where the plaintiff’s attorney failed to meet and confer regarding Walmart’s failure to respond to certain interrogatories before filing his motion to compel, he violated Fed. R. Civ. P.37 (a) and E.D. Va. Local Civil Rule 37(E). Although the requested ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

Although a man injured while shopping at Walmart agreed to settle his negligence claim for $20,000, because Walmart required execution of a settlement agreement as a material term, and no agreement was ever executed, there was no binding settlement.  Background ...

Tagged with: Contract Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost ...

Tagged with: Judge Lawrence R. Leonard Judge Rebecca Beach Smith Premises Liability U.S. District Court - Eastern District

Where a defendant was forced to file a motion to compel a credit report from a reporting agency after the plaintiff’s attorneys refused to consent to its production, the defendant was entitled to recover reasonable attorneys’ fees and costs. Because ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District

Where defendants raised advice of counsel as an affirmative defense to a suit alleging they improperly classified their employees, and where they made selective production of documents and produced their attorney for a deposition, they waived attorney-client privilege as to ...

Tagged with: Evidence Judge Lawrence R. Leonard U.S. District Court - Eastern District