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Tag Archives: Judge Rebecca Beach Smith

Enforceable non-solicitation clause can be severed

Where employment agreements contained non-solicitation clauses covering employees, customers and suppliers, only the employee non-solicitation clause was enforceable and could be severed from the other unenforceable clauses. Background The defendants moved to dismiss certain counts of the complaint, and all ...

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NY-based defendant is not subject to jurisdiction in Virginia

Where a New York-based defendant was sued for committing various torts against the Virginia-based plaintiff, his motion to dismiss was granted because he did not purposefully avail himself of the privilege of doing business in Virginia and the claims did ...

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Termination was not based on PTSD diagnosis

Although the employee argued that temporal proximity, a letter of recommendation and new evidence submitted in response to the Report and Recommendation were sufficient to avoid summary judgment, her arguments and materials failed to demonstrate that PTSD diagnosis was the ...

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Longtime teacher’s dismissal was not based on race or age

The City of Chesapeake School Board’s decision to terminate a teacher after 32 years was based on multiple legitimate, nondiscriminatory reasons and not the teacher’s race or age. Background Plaintiff was initially hired by defendant as a public school teacher ...

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Debt collection letter not false, misleading or ‘overshadowing’

Where language in a debt collection letter sent by a law firm was not false or misleading and did not “overshadow” the required validation notice from the debt collector, a woman’s suit alleging violations of the Fair Debt Collection Act ...

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Employees’ overtime pay suit resolved via settlement

After almost two years of litigation between a scaffolding company and its employees, a settlement was proposed. Because the agreement would give the named and opt-in plaintiffs the majority of their claimed overtime pay, there was no suggestion of collusion ...

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Settlement class certified in pharmaceutical antitrust case

Although nonsettling defendants Glenmark and Merck objected to the certification of the settlement class on the basis that the court’s findings of fact and conclusions of law could prejudice them during their own class certification litigation, they could not demonstrate ...

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