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Tag Archives: Judge M. Hannah Lauck

Commercial painter’s lawsuit did not breach forum-selection clause (access required)

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 ...

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Bus company must run animal welfare watchdog’s ads (access required)

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, ...

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Rudeness insufficient for hostile environment claim (access required)

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 ...

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Tariff provides federal jurisdiction, dooms complaint (access required)

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 ...

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Mixing of materials in tank, not land, dooms coverage claim (access required)

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 ...

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No immunity for officials sued over violation of firefighter’s rights (access required)

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, ...

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Briefing ordered on legal standard for piercing corporate veil (access required)

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 ...

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