Where a company failed to answer certain allegations in the third amended complaint, or TAC, did not attempt to file an answer until the plaintiff moved for default judgment and then submitted an incomplete answer, the plaintiff’s motion for judgment ...

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

Where a company sued for wrongful death was allowed to file a late answer, but was precluded from raising any affirmative defenses to the wrongful death claim, its motion to now amend its late answer to add responses and affirmative ...

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

Where the Virginia General Assembly amended the Virginia Overtime Wage Act on July 1, 2022, to eliminate the availability of treble damages, that change was procedural and thus applies retroactively. Background On April 29, 2022, Gwendolyn Meharg sued Harmony on ...

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

A former student athlete’s Title IX retaliation and intentional infliction of emotional distress claims against the College of William & Mary can go forward, a U.S. District Court judge has ruled. The plaintiff alleged that her basketball coach surveilled her ...

Tagged with: Judge Raymond A. Jackson

Where a former athlete at the College of William and Mary, or W&M, alleged that a W&M administrator surveilled her at the request of the women’s basketball coach, and that the coach then threatened to remove her from the team ...

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

Although the plaintiff first served the complaint upon the defendant 111 days after the lawsuit was filed, and thus beyond the 90 days allowed by Federal Rule of Civil Procedure 4(m), the court agreed with the overwhelming weight of authority ...

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

Where an employee failed to timely file her charge of discrimination with the Equal Employment Opportunity Commission, or EEOC; failed to demonstrate that extraordinary circumstances beyond her control prevented her from filing on time and failed to diligently pursue her ...

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

Where plaintiffs sued the City of Norfolk for approving the demolition of a house located in a historic district, but they lacked any property interest in the house, they lacked standing to sue the city for inverse condemnation and gross ...

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

Where out-of-state companies contracted with a Virginia-based corporation to implement uniform practices, including the practices that resulted in the alleged Fair Labor Standard Act violations at issue in this suit, the court could exercise jurisdiction over the foreign defendants. Background ...

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

Where an employee alleged that he was terminated because of his race and disability, but the record showed that he was not meeting his employer’s legitimate expectations for several months, the employer prevailed on the discrimination claims. Background Johnny W. ...

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