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Tag Archives: Judge Raymond A. Jackson

No survival damages for alleged asbestos exposure (access required)

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 ...

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Attempt to voluntarily dismiss suit rejected (access required)

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 ...

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Court clarifies government contractor defense in asbestos suit (access required)

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 ...

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Zoning applicants fail to show discriminatory animus (access required)

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 ...

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Norfolk officers sued for retaliatory arrest (access required)

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 ...

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Class certified in COVID-related business interruption suit (access required)

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, ...

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Healthcare staffing company failed to pay overtime (access required)

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 ...

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Website copyright infringement suit dismissed (access required)

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 ...

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