Where the representative of a now-deceased seaman alleging his exposure to asbestos aboard a Navy ship caused his death sought survival damages for pain and suffering as well as medical expenses, his claim was denied because survival damages for pre-death ...

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

Where an employee asserting a claim for retaliation attempted to voluntarily dismiss his suit a month before trial, after the employer answered the complaint, moved for summary judgment and prepared for trial, the employee’s request was denied. The employer was ...

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

Where an engineering manufacturer intends to rely upon the government contactor defense in an asbestos suit, it must present evidence of the government’s knowledge about the asbestos hazards presented by the manufacturer’s products or equipment, and not just the government’s ...

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

Where plaintiffs alleged the Chesapeake City Council violated the equal protection clause when it denied their zoning application, but there were no facts showing how similarly situated applicants were treated differently, or that the alleged unequal treatment resulted from discriminatory ...

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

A public intoxication charge that was dismissed after a deferred disposition did not bar a man’s §1983 claim against the police. In Lail v. Caeser, et al. (VLW 022-3-121), the Eastern District Court of Virginia decided a question of first ...

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

Where a man arrested outside of a restaurant alleged facts suggesting the officers arrested him only after he engaged in constitutionally protected speech, his First Amendment retaliation claim survived the motion to dismiss. Background Drew Tyler Lail filed a multi-count ...

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

Where a Virginia business alleged that the defendants breached insurance contracts by denying every claim for COVID-19 related loss of income and/or extra expenses, the other affected business could be identified and damages could be calculated through a common methodology, ...

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

Where a healthcare staffing company controlled the nurses’ schedules and assignments, invested in their training and insurance, set their rates and received payments from clients, the nurses were employees, and not independent contractors. Because the company failed maintain pay records ...

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

Where a company that sells bulk food products alleged a competitor deliberately copied its product categorization system and descriptions from its website, but the defendant lacked any meaningful contacts with Virginia, the copyright infringement suit was dismissed for lack of ...

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

Where a franchisor moved to dismiss a claim alleging it failed to pay royalties to its former consultant, its motion was denied because “royalties” could plausibly be ambiguous and construed against the franchisor. Background Plaintiffs sued JTH Tax LLC d/b/a ...

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