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

Where one government contractor terminated the other party in a joint venture, the terminated party’s breach of contract claim failed because it first breached the agreement in material ways.  Background This breach of contract case arises out of a dispute ...

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

Where the Arlington Public School System proposed individualized education programs, or IEPs, that included significant and tailored increases in a minor’s special education services in the least restrictive environment, it satisfied its obligation to provide a free appropriate public education, ...

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

Where Florida-based defendants who were sued for trademark infringement by a mortgage services company have not been involved with loans in Virginia, Virginia residents have not registered with or submitted any loan applications through their website and they have not ...

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

An employer was granted summary judgment against hostile work environment and retaliation claims filed by a former employee who reported sexual harassment by a co-worker but admitted she leveraged an offensive video to “elicit a cash payment” from the harasser. ...

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

Where a former employee admitted she accepted $160 in cash from a co-worker after recording an offending video of him and stating she would post it online, and her employer concluded that she used the recording as “leverage to elicit ...

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

Three Virginia federal judgeships have been filled recently as the U.S. Senate confirmed more of President Joe Biden’s judicial nominees. Patricia Tolliver Giles and Michael S. Nachmanoff were confirmed to seats on the U.S. District Court for the Eastern District ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael S. Nachmanoff Judge Patricia Tolliver Giles Judge Toby Heytens Judges Judgeships President Joe Biden U.S. District Court - Eastern District