Where the parties did not dispute that a valid contract existed between them, the plaintiff’s alternative claim for unjust enrichment was dismissed. A plaintiff may plead an unjust enrichment claim in the alternative only in the absence of an enforceable ...

Tagged with: Contract Judge Mark S. Davis U.S. District Court - Eastern District

Where a woman at a logistics company alleged that her supervisor and other employees made derogatory comments “that Chinese people, like [plaintiff], would ‘eat rats, cats, and dogs’” or a question about “why Chinese people are so tiny,” she plausibly ...

Tagged with: Employment Discrimination Judge Mark S. Davis U.S. District Court - Eastern District

Where a railroad waited too long before suing over alleged anticompetitive conduct involving deliveries at the Norfolk International Terminals, or NIT, it could not rely on new overt acts to revive the time-barred claims. And because the new, timely overt ...

Tagged with: Judge Mark S. Davis Tort U.S. District Court - Eastern District

Where a customer refused to repay funds to the bank after a check she deposited was returned for insufficient funds, the bank was awarded the overdrawn amount, plus attorney’s fees and costs. Background Wells Fargo Bank NA has filed a ...

Tagged with: Contract Judge Mark S. Davis U.S. District Court - Eastern District

Where employees showed that the defendants’ conduct may have violated the meal break rules under the Fair Labor Standards Act, or FLSA, a conditional class was certified. Because the evidence was insufficient to justify conditional certification of a nationwide collective, ...

Tagged with: Employment Judge Mark S. Davis U.S. District Court - Eastern District

Where the plaintiff alleged that a co-employee raped her on multiple occasions when she worked at Silver Diner while in high school, her assault and battery claims against the alleged rapist and Silver Diner survived their motions to dismiss. Although ...

Tagged with: Judge Mark S. Davis Tort U.S. District Court - Eastern District

Where there were disputed issues of fact over whether a subcontractor hired to perform renovation work at Arlington National Cemetery was provided with a legitimate chance to remedy deficiencies during a three-day “cure period” required by the subcontract, summary judgment ...

Tagged with: Contract Judge Mark S. Davis U.S. District Court - Eastern District

Where a California statute allows the “fear” necessary to accomplish a robbery to extend beyond fear of bodily injury to include fear that property damage will result from the crime, it does not qualify as a “serious violent felony” under ...

Tagged with: Criminal Judge Mark S. Davis U.S. District Court - Eastern District

Where a prisoner sought a reduction of his drug-related sentence under the First Step Act, because neither general sentencing law nor recent Fourth Circuit precedent authorized the reduction of his statutory mandatory minimum terms on three § 924(c)(1)(C) counts, the ...

Tagged with: Criminal Judge Mark S. Davis U.S. District Court - Eastern District

Where a ship’s bosun should have known that recompacting a large amount of trash was a job for two people, but nevertheless ordered a crew member to do it alone and ignored his concerns, the United States was liable for ...

Tagged with: Admiralty Judge Mark S. Davis U.S. District Court - Eastern District