Where Liberty Tax, the tax preparation franchisor, failed to show that the confidential information its former in-house counsel obtained during his six-year tenure was substantially related to the issues in the case, its motion to disqualify him was denied. Background ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a company argued a prior release with the employee barred his Title VII claims, it was denied judgment on the pleadings because the employee argued that he never obtained the $100 consideration required by the agreement, the consideration was ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a cancer patient asserting a claim for medical malpractice against the United States timely filed suit in state court, but then nonsuited it, her nonsuit did not toll the Federal Tort Claims Act, or FTCA, statute of limitations. While ...

Tagged with: Judge Raymond A. Jackson Medical Malpractice U.S. District Court - Eastern District

Where the plaintiff took multiple steps to manufacture diversity jurisdiction, including forming a new LLC that merged with the prior, nondiverse LLC right before filing its complaint, there was no federal jurisdiction. Because the court found the plaintiff’s efforts collusive ...

Tagged with: Civil Practice Judge Raymond A. Jackson U.S. District Court - Eastern District

Although a provision in the subcontract agreement requiring the parties to engage in a dispute protocol before filing suit was not an express waiver of the Miller Act, the case was nevertheless stayed to allow mediation because requiring the parties ...

Tagged with: Insurance Judge Raymond A. Jackson U.S. District Court - Eastern District

Where parties sought a declaratory judgment that factoring company was not entitled to payment because of an alleged breach, but the breach has already occurred and any damages were already suffered, the declaratory judgment counts were dismissed with prejudice. Background ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Two peanut processors sued for depressing the price for runner peanuts will pay over $57.75 million to resolve claims brought by a class of peanut farmers after the court found the class-action settlement was adequate, conducted at arms-length and equitable. ...

Tagged with: Commercial Judge Raymond A. Jackson U.S. District Court - Eastern District

Where a coalition of Black, Latino and Asian American plaintiffs established that  the minority community has less opportunity than other members of the electorate to participate in the political process and elect their preferred candidates under Virginia Beach’s at large ...

Tagged with: Constitutional Judge Raymond A. Jackson U.S. District Court - Eastern District

Where there was a disparity of over 200 months between the defendant’s 384-month sentence for conduct associated with armed robberies and a similarly situated inmate whose sentences were not stacked, and the defendant has taken several rehabilitative steps since incarceration, ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Although a customer who shot and killed an employee of an optometrist located at a Walmart store in Yorktown purchased the weapon at Walmart, the private nuisance and negligence claims against Walmart were dismissed. The employee maintained no property right ...

Tagged with: Judge Raymond A. Jackson Negligence U.S. District Court - Eastern District