Although an employer that prevailed in a bias suit brought by a former employee could not recover its private process server fees, appearance/travel/postage costs associated with depositions or expedited hearing transcripts, it was nevertheless awarded more than $4,800 in costs, ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Where the Chartered Financial Analyst Institute, or CFAI, presented no showing of actual confusion between its trademarks and those related to the Certified Pension Fiduciary Adviser (CPFA) program, CFAI prevailed on federal and state claims. Background CFA Institute alleges that ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

Where a former student at Virginia Military Institute alleged he was the victim of a hazing incident, he lacked standing to pursue injunctive claims because he had voluntarily withdrawn from the school, making any allegation of future harm speculative. Background ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Although sections of the anti-riot act failed to bear the requisite relation between speech and lawlessness, the convictions of two defendants for violent participation in three white supremacist rallies were affirmed because their conduct fell under the statute’s surviving provisions. ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Norman K. Moon

Where the League of Women Voters of Virginia and the Virginia State Board of Elections reached a settlement enjoining the witness signature requirement for absentee ballots for elections on Nov. 3, 2020, the agreement was fair and reasonable, and was ...

Tagged with: Constitutional Judge Norman K. Moon U.S. District Court - Western District

Where a nurse failed to allege facts showing the UVA Medical Center treated her differently than similarly situated employees after she lodged sexual harassment complaints against two co-workers, her retaliation claim was dismissed. Background In her amended complaint, Tina McCoy ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Although the policyholder alleged he was fraudulently induced into purchasing the life insurance policy, he failed to show a false statement of material fact was made, and the fraud claim was barred by the economic loss rule. As such, the ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

Six claims asserted against the City of Lynchburg under 42 U.S.C. § 1983 were dismissed because there were insufficient allegations of a policy statement, ordinance, regulation, or decision officially adopted and promulgated that related to the excessive force, conspiracy, failure ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where a plaintiff brought gender bias and retaliation claims against a school superintendent, alleging his response to her criticisms was different from his response to males who questioned his decision making, the superintendent was entitled to immunity on the § ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Significant differences between the plaintiff and her comparator doomed her sex-based wage discrimination claims under both the Equal Pay Act and Title VII. Background Shelly Lee, a former employee of Belvac Production Machinery Inc., brought suit against the company seeking ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District