Where a former detainee plausibly alleged that nine prison officials engaged in a campaign of unlawful retaliation after he complained about a lack of access to the prison law library, including the imposition of false disciplinary charges, his suit will ...

Tagged with: Civil Rights Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where the United States Patent and Trademark Office, or USPTO, submitted a declaration explaining the methodology of and rationale behind its search process, indicating the types of searches performed, listing the various locations searched and specifying the search terms used, ...

Tagged with: FOIA Judge Patricia Tolliver Giles U.S. District Court - Eastern District

A former magistrate judge’s First Amendment retaliation claim against her employers in their official capacities has survived dismissal in the Eastern District of Virginia. Elizabeth Fuller was fired after she made comments on the city’s bail practices in a local ...

Tagged with: Constitutional Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where the court dismissed all federal claims brought by an estranged husband, it declined to exercise supplemental jurisdiction over the remaining state law claims asserted against his former wife relating to their custody agreement. And, in any event, the court ...

Tagged with: Domestic Relations Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where a candymaker moved to reconsider the court’s decision dismissing its suit for coverage over Covid-19 business losses, and to certify the question to the Virginia Supreme Court, its motion was denied. It failed to present an intervening change in ...

Tagged with: Insurance Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where a woman sued to compel United States Citizenship and Immigration Services, or USCIS, to produce immigration records under the Freedom of Information Act, the claim was dismissed as moot because USCIS produced the records. Background In this action under ...

Tagged with: Administrative Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where a former state court magistrate judge was terminated after she made comments to a local paper about pending matter, her First Amendment retaliation claim may proceed. Background Elizabeth Fuller was employed as a magistrate judge in the Eighteenth Judicial ...

Tagged with: Constitutional Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where an insurer relied on medical records, an independent medical exam report, two independent physician peer review reports and the 2017 transferrable skills analysis, or TSA, in concluding a man was not fully disabled, and thus no longer entitled to ...

Tagged with: Judge Patricia Tolliver Giles Labor U.S. District Court - Eastern District

Where drivers alleged they were misclassified as independent contractors under Massachusetts law, but their independent contractor agreements delegated any challenge to the interpretation or application of the arbitration provision to the arbitrator, the arbitrator will determine the arbitrability of the ...

Tagged with: Arbitration Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where the debtor previously claimed that her debt was obtained by fraud and forgery and the district court dismissed her claims in a final judgment, her claims were barred by res judicata. Background On June 5, 2017, Esther Mammie Yates ...

Tagged with: Bankruptcy Judge Patricia Tolliver Giles U.S. District Court - Eastern District