Where a plaintiff opted-in to a collective employment discrimination action after filing an individual employment discrimination action containing overlapping claims and allegations, the plaintiff was dismissed from the collective action. Background Joseph H. Andreana is the named plaintiff in a ...

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

The plaintiff is not suing for benefits, but for damages equal to the value of his denied benefits because of his alleged misclassification. As a result, his claims are not preempted by ERISA, so there is no federal question jurisdiction ...

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

By irrevocably consenting to the jurisdiction of the court in which the proceeding is brought, a sports agent with Paramount Sports & Entertainment Management effectively consented to state court jurisdiction, where the dispute over commissions was first brought. Background Defendant is ...

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

The court denied the defendant’s motion for a hearing at this stage and found, based upon a Bureau of Prisons psychiatric report, that defendant had a substantial probability of regaining competency if medicated another 120 days. Background Defendant was charged ...

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

Although the subcontractor’s lender’s conversion and unjust enrichment claims against a general contractor were barred by the economic loss rule, its fraud claims were not affected by the rule because they involved omissions prior to the contract. Background Defendant W.M. ...

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

In granting a motion to disqualify, the court found defense counsel’s representation of a government witness in an unrelated investigation presented a serious potential conflict in a tax fraud and money laundering case because the attorney might have obtained information ...

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

Employees settled Fair Labor Standards Act claims regarding overtime pay after the court required removal of “unreasonable” provisions on confidentiality and liquidated damages. Background On July 14, 2015, plaintiff Wayne Brockman filed his initial complaint against defendants Keystone Newport News ...

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

Although an inmate had an exemplary record during his 22 years in prison, the court denied his motion to vacate his conviction because the government opposed it. Background On March 5, 1997, after a week-long jury trial, Marty Lorenzo Wright ...

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

On a motion for default judgment, the court found a manufacturing company established that the corporate defendant breached a contract to deliver a crane, and its owner was personally liable for the resulting loss. Background Plaintiff Bauer Compressors, Inc. accepted ...

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

An ADEA class was conditionally certified in a suit asserting that a school system declined to rehire older employees for IT positions. Background Plaintiff Joseph Andreana has been employed with Defendant Virginia Beach City Public Schools for over 28 years, ...

Tagged with: Civil Procedure Civil Rights Class Action Employment Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District