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Tag Archives: Judge M. Hannah Lauck

Virginia nonsuit rule not applicable in Title VII case (access required)

Although Virginia state courts allow a party to refile a suit within six months after taking a voluntary nonsuit, even if the statute of limitations has expired, this rule is inapplicable in a federal case involving purely federal claims. Because ...

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Doctor’s gay bias claim can proceed (access required)

Where a doctor alleges he was subjected to bias and discriminatory comments after he openly referenced and introduced co-workers to his husband, and was then terminated, he plausibly stated a claim for sexual orientation discrimination.  Background This employment action arises ...

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Sentence reduced by 10 months under First Step Act (access required)

Where a defendant argued only broad generalizations regarding the dangers of COVID-19 to inmates and his mother’s poor health that did not support an immediate release, his motion for compassionate release was denied but his 46-month revocation sentence was reduced ...

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Lack of customer confusion dooms claims (access required)

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

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Regional jail authority not entitled to sovereign immunity (access required)

In a case involving the alleged denial of medical treatment, the court denied the regional jail authority’s request to certify to the Virginia Supreme Court whether it is a municipal corporation entitled to sovereign immunity. The question was not dispositive ...

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Challenge to pharma marketing plan survives dismissal bid (access required)

Efforts by pharmaceutical defendants to quickly dispose of a suit alleging they didn’t use commercially reasonable efforts to market and sell a prescription drug failed because the complaint plausibly alleged they were liable under a successor liability theory and breached ...

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Transgender plaintiff alleges retaliation by DMV employees (access required)

Where a transgender plaintiff alleged that one DMV employee specifically adopted a dress code policy that was directed at her, and that a second employee forced her to resign shortly after she “begin presenting” as a female, those allegations  were ...

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Capital One failed to promote employee for legitimate reasons (access required)

An employee’s interview performance for one position and her lack of qualifications for a second were the reasons she was not promoted to either of the two positions, rather than her age or race. Background This employment discrimination matter arises ...

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