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Ex-judge’s free speech retaliation claim survives
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 newspaper. Judge Patricia Tolliver Giles said Fuller’s “statements are ‘not the kind of “individualized” internal [&hellip[...]
Man’s claims against ex-wife don’t belong in federal court
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 lacked jurisdiction to modify an existing custody order and the Rooker-Feldman doctrine precluded the attempted […]
COVID closure insurance suit remains dismissed
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 controlling law, clear error of law or manifest injustice. And there was ample state and […]
USCIS moots claims in FOIA suit
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 the Freedom of Information Act, or FOIA, Shirley Borromeo seeks to compel United States Citizenship […]
Ex-judge claims officials punished her for speech
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 District. She alleges that defendants retaliated against her and violated her right to free speech […]
Records, reports support non-disability finding
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 long-term disability, or LTD, benefits, it prevailed on the claim. Background Jeremy Smith, a former […]
Wage and overtime suit sent to arbitration
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 choice-of-law for plaintiffs’ substantive wage and overtime claims. Background Anderson Buck[...]
Res judicata bars debtor’s fraud, forgery claims
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 filed a voluntarily petition in the bankruptcy court related to her home. She received a […]
Joint venture partner terminates other partner
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 between Advanced Training Group Worldwide Inc., or ATG, and ProActive Technologies Inc. The parties were […]
Arlington schools not liable under IDEA
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, or FAPE. Background Plaintiffs, a minor child, identified as L.C., and the child’s parents, J.C. [&[...]
Court lacks jurisdiction over Florida defendants
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 contracted with Virginia residents about the provision of mortgage brokerage services, there was no personal […]
Misconduct, not retaliation, led to worker’s termination
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. The employer had a legitimate, nonretaliatory reason for firing the plaintiff because her conduct violated […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
