Tag Archives: Judge M. Hannah Lauck

Attorneys’ fees demand results in FDCPA claim (access required)

Where defendants who provided a loan for the purchase of real property allegedly demanded attorneys’ fees before they became due under the promissory note, the plaintiff alleged a plausible claim under the Fair Debt Collection Practices Act, or FDCPA. Background ...

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Plaintiff can’t amend complaint through joinder (access required)

Where the plaintiff moved to add Rehabilitation Act and Title VII claims to her second amended complaint through “joinder,” the motion was denied because a party cannot engraft claims on a complaint except through an amended pleading. Background Shawn Gonzalez ...

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Second request for interlocutory appeal denied  (access required)

Where a ruling for immediate appeal under 28 U.S.C. § 1292(b) was previously certified but the Fourth Circuit declined to hear it, the plaintiffs’ renewed motion to certify under Rule 54(b) was denied because the appellate court’s decision suggested this ...

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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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