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Tag Archives: Judge Rebecca Beach Smith

Enforceable non-solicitation clause can be severed (access required)

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 (access required)

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 (access required)

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 (access required)

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’ (access required)

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 (access required)

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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Defendant didn’t own waterslide at time of injury (access required)

Where the record demonstrated the defendant did not own or operate a waterslide at the time of a woman’s alleged injury, and she offered no evidence or testimony establishing notice of an unsafe condition, the defendant was granted summary judgment. ...

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Settlement class certified in pharmaceutical antitrust case (access required)

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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