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 ...

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

A doctor claiming he was fired for being gay can sue his former employer for Title VII discrimination, a federal judge in Richmond has ruled. The case was filed before the U.S. Supreme Court ruled earlier this year in Bostock ...

Tagged with: Employment Employment Discrimination Judge M. Hannah Lauck

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 ...

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

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 ...

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

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 ...

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

Although the defendant failed to set its motion to dismiss for a hearing, as required by the local rules, that did not mean the motion was automatically withdrawn, and the court had discretion to forgive the violation. Background On June ...

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

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 ...

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

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 ...

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

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 ...

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

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 ...

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