Although Virginia does not permit direct actions against insurers, this rule has no application in federal court. Instead, where the plaintiff established Article III standing, the direct action against insurer could proceed. Background Wilkerson Francis Investments LLC seeks a declaration ...

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

A Hindu organization that brought a breach of contract claim over the construction of a spiritual and cultural retreat center defeated a motion to dismiss because the signatures on the parties’ letter agreement and factual allegations allowed the court to ...

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

A suit seeking to prevent the United States from foreclosing and selling real properties that are subject to a lien for unpaid taxes was barred by the Tax Anti-Injunction Act, which prevents suits brought to restrain the assessment or collection ...

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

A homeowner’s claim that a law firm violated the Fair Debt Collection Practices Act in its efforts to collect overdue homeowners’ association fees was dismissed because the complaint did not include sufficient factual allegations showing the firm and its principal ...

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

A pro se suit brought by two men who alleged they were harassed while attending a Unite the Right rally opposing the removal of a confederate general’s statute has been transferred to the Western District. A substantial number of the ...

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

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