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Tag Archives: Judge Rebecca Beach Smith

Withdrawal of job offer due to body mass index did not violate the ADA (access required)

An employer that withdrew a job offer to a prospective employee after a physical revealed that the prospective employee had a body mass index that qualified as obese did not violate the Americans with Disabilities Act where the employer was ...

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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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