The court found that the amended complaint brought by a woman whose suit alleging discrimination on the basis of race was dismissed without prejudice, failed to cure the deficiencies in the original complaint. While she may have been the most ...

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

Because the Eastern District of Virginia has previously recognized a cause of action for breach of fiduciary duty against a substitute trustee, the defendant was not fraudulently joined in the lawsuit. In addition, the defendant could not establish subject matter ...

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

The Virginia Department of Corrections is not required to respond to the parts of non-party discovery that would be irrelevant or unduly burdensome, including disclosing the supplier of the chemicals the department uses in carrying out executions or the identities ...

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

An insurance company can stay in federal court after showing the cost of its duty to defend the plaintiffs, combined with its indemnity obligation, likely exceeded the jurisdictional minimum  of $75,000, and a motion to remand to state court is ...

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

Where an engineering construction company suing a power generating facility for breach of contract filed a motion to strike the facility’s demand for a jury trial after it had filed its answer, the motion to strike was untimely. Background In ...

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

Because nothing in the record indicated defendant’s website targeted Virginians or that defendant engaged in business or other activity with Virginia, the plaintiff failed to establish a case for personal jurisdiction. Background Defendant, Ed Foster, IV, a Florida resident, began ...

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

Plaintiffs who applied for jobs with the U.S. Postal Service failed to allege facts showing they suffered the sort of harm Congress was seeking to prevent under the FCRA. Background Plaintiffs each applied for positions with USPS in October 2014 ...

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

A group that opposes the use of dogs in medical experiments alleged facts that support its claims the Greater Richmond Transit Authority violated its First and Fourteenth rights by rejecting its advertisements. Background Plaintiff White Coat describes itself as a ...

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

The United States previously obtained judgment against an individual who failed to pay taxes for 11 years. It now moved to foreclose real property owned by the defendant. The court granted the United States’ motion for summary judgment and ordered ...

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

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

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