A lawsuit brought by a commercial painter for unpaid painting and cleaning services did not breach a forum-selection clause in the parties’ master services agreement, or MSA, because that clause applied only to future work. Background This breach of contract ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District

Neither the Fair Labor Standards Act nor the Age Discrimination in Employment Act prohibit an employee from waiving a class or collective action in an otherwise valid contractual agreement. Background Nannette Hutchens asserts that Capital One failed to comply with ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District

The Greater Richmond Transit Company engaged in unconstitutional viewpoint discrimination by rejecting an animal welfare watchdog’s advertisement on political grounds, while accepting other political advertisements. Background This First Amendment action arises out of the refusal of Greater Richmond Transit Company, ...

Tagged with: Constitutional Judge M. Hannah Lauck U.S. District Court - Eastern District

Although a pharmaceutical sales manager alleged the head of commercial operations was “noticeably rude” to her and caused her colleagues to comment about his behavior, Title VII does not create a general civility code in the workplace. Her hostile work environment ...

Tagged with: Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

An “artfully pleaded” complaint for damages that asserted only state law claims was nevertheless removable to federal court because it sought to alter the terms of a tariff filed with the Federal Energy Regulatory Commission, or FERC. That same tariff ...

Tagged with: Administrative Administrative Law Judge M. Hannah Lauck U.S. District Court - Eastern District

An officer who allegedly tased a mentally ill man was unable to dismiss a § 1983 claim because it was not clear his use of the taser was proportional, and he was denied qualified immunity because he allegedly continued to ...

Tagged with: Civil Rights Judge M. Hannah Lauck U.S. District Court - Eastern District

Where plastic pellets were mixed with a “chip-like material” erroneously left in the insured’s tank trailers, that event fell outside the “pollution condition” coverage in the policy. The mixing did not involve some type of movement, and did not occur ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

The Henrico County Fire Department officials are not entitled to qualified immunity for allegedly terminating a firefighter for attending an anti-Trump rally on her personal time. Her complaint plausibly alleged a violation of her First Amendment and due process rights, ...

Tagged with: Constitutional Judge M. Hannah Lauck U.S. District Court - Eastern District

A trademark and unfair competition dispute between two companies with “Vape Guys” in their names will remain in Virginia because the defendant’s acts subjected it to jurisdiction here, events giving rise to the claims arose in this district, the plaintiff ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

In a case involving an ERISA-covered plan, the parties’ briefs on the motion to dismiss assumed that Virginia law applies to the corporate veil piercing claim. Supplemental briefing was ordered on whether the federal common-law standard should instead apply, and ...

Tagged with: Judge M. Hannah Lauck Labor U.S. District Court - Eastern District