Where two residents claim that after they wrote a letter to other residents about their rights to a smoke-free and drug-free property and the letter was cited as a reason for their eviction, they plausibly alleged a claim for retaliation. ...

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

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 ...

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

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