Where removing defendants argued the plaintiff was a resident of Pennsylvania, and thus there was complete diversity among the parties, but the plaintiff provided evidence showing he was a resident of Virginia, complete diversity was lacking and the suit was ...

Tagged with: Judge Rebecca Beach Smith Negligence U.S. District Court - Eastern District

Where there were disputed facts over whether two drug companies used a settlement agreement for anticompetitive reasons, causing resulting injury, their motions for summary judgment were denied. Background Plaintiffs claim that defendants Merck and Glenmark conspired to delay the introduction ...

Tagged with: Commercial Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a manufacturer sued for allegedly failing to repair a gear shift defect in a vehicle removed the suit to federal court because it sought relief under the Magnusson-Moss Warranty Act, a federal statute, but that statute limits federal court’s ...

Tagged with: Consumer Protection Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where two pharmaceutical companies accused of violating antitrust laws sought discovery from new plaintiffs who recently joined the suit, the magistrate judge limited the requests to those topics that were relevant in the long-running suit and proportionate to the companies’ ...

Tagged with: Evidence Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a Virginia resident sued a manufacturer after its e-cigarette battery allegedly exploded, causing severe burns to his body, but the Korean-based manufacturer did not purposefully avail itself of the privilege of conducting activities in Virginia, the court lacked personal ...

Tagged with: Judge Rebecca Beach Smith Products Liability U.S. District Court - Eastern District

Where a school principal alleged that the school board refused to transfer her to a school where her restrictive lung disease and asthma were not affected by environmental conditions, refused to let her work remotely, and instead transferred her to ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where an employee for a government contractor alleged that, after concerns were raised about his praying at work, he was terminated with little explanation and was then immediately placed on a plane set to depart the country, his claims for ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where there was a material factual dispute about when plaintiff was supposed to return to work and the reason for her ultimate termination, her claim for discrimination and retaliation under the Family and Medical Leave Act, or FMLA, will be ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a general contractor and subcontractor involved in a federal construction project at Fort Benning claimed the other was liable for damages, the court resolved all outstanding issues in a comprehensive opinion following a bench trial. Background This suit concerns ...

Tagged with: Commercial Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a $3 million personal injury suit was filed against the owner of a ship by a woman allegedly injured during a trip, the ship was worth less than $605,000 and there was the possibility of additional claims, an order ...

Tagged with: Admiralty Judge Rebecca Beach Smith U.S. District Court - Eastern District