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Tag Archives: Judge Rebecca Beach Smith

Serving in reserves won’t back discrimination claim (access required)

There was no evidence the reservist’s supervisor terminated the plaintiff because of his membership in the Army Reserve. Background On May 31, 2018, Communication Technologies filed a motion for summary judgment. COMTek asserts that it is entitled to judgment as ...

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Former teacher brings bias claims against school board (access required)

Although some claims against a school board were dismissed, a teacher alleged facts sufficient to infer she was the victim of race and age discrimination. Background Dannetta Spellman has filed an amended complaint in which she alleges the School Board ...

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Truck operator stated ADA claim (access required)

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

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Sovereign Immunity – Eleventh Amendment – Age Discrimination (access required)

Drewery v. Portsmouth City School Board (VLW No. 017-3-451, 14 pp.) (Smith, C.J.) 2:17-cv-20; E.D. Va. Holding:  For purposes of sovereign immunity, Virginia school boards act as independent local government agencies, not as arms of the state, and thus are ...

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Decedent’s Relative Claims Undue Influence (access required)

In this interpleader action, the Norfolk U.S. District Court grants plaintiff insurance companies’ motions to deposit $700,000 in life insurance proceeds with the court’s registry and says decedent’s brother, who earlier was a beneficiary of the insurance proceeds, has sufficiently ...

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Trustee May Pursue Debtor’s Title VII Claim (access required)

Although plaintiff has received a chapter 7 discharge, her bankruptcy case has been reopened and the bankruptcy trustee may pursue debtor’s Title VII claim against defendant community college, which debtor did not disclose in her earlier bankruptcy proceeding; the Norfolk ...

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Owners’ Pipeline Suit Remanded to State Court (access required)

Plaintiff pipeline company’s references to federal regulations in their complaint alleging defendant landowners violated plaintiff’s rights under an easement and Virginia state laws, do not show a basis for federal jurisdiction, and the Norfolk U.S. District Court remands plaintiff’s suit ...

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