Where a high school student alleged a male nurse practitioner assaulted her during a medical exam, and the medical facility argued the alleged assault and battery was not within the scope of his employment, discovery was required to determine whether ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

Where a manager made an “amorphous” mention of possible wage law violations and attempted to introduce pay incentives and a bonus program to combat low employee morale, his conduct was not “protected activity” under the Fair Labor Standards Act. Background ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where a debt collection law firm sought to take an interlocutory appeal on whether the Virginia Uniform Electronic Transactions Acts prevented it from being sued under the Fair Debt Collection Practices Act, or FDCPA, its motion was denied. The issue ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District

Where the parties disputed whether a patent covering a rack-isle freezing system for palletized product was infringed, the court construed multiple terms, including airflow chamber and warehouse. Background Tippmann Engineering LLC brings this action against Innovative Refrigeration Systems Inc. and ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Where the guidelines range for someone convicted today for the cocaine-related crimes involved here would be 262-327 months, and the defendant had already served 289 months of his 360-month sentence, his sentence was reduced to time served under the First ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where a defendant seeking compassionate release cited changes to the sentencing law showing that while he was sentenced to 360 months in prison the guidelines range today would be 188-235 months, his sentence was reduced to 212 months supported by ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Where an applicant for disability and social security benefits has relied on job coaches in the past, it was error for the administrative law judge to not assess whether she would need assistance from a job coach if she moved ...

Tagged with: Administrative Judge Michael F. Urbanski U.S. District Court - Western District

Although a Virginia-based company alleged it was owed commissions by an Illinois corporation because it assisted in selling over $28 million of personal protective equipment, or PPE, the suit was dismissed because the alleged breach of the agreement concerned entities ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where a roofing company alleged its former salesperson received unauthorized payments, he prevails on the conversion claim because there was no evidence the payments were wrongful or unauthorized. Because there was no evidence he agreed to injure the company, he ...

Tagged with: Employment Judge Michael F. Urbanski U.S. District Court - Western District

Where the estate of a driver who died from carbon monoxide poisoning alleged his Dodge Journey was unreasonably dangerous because the engine did not automatically turn off after he removed the key fob from the car, the manufacturer, FCA, was ...

Tagged with: Judge Michael F. Urbanski Products Liability U.S. District Court - Western District