Where the question whether the reasonable relationship test applies to highly compensated employees, or HCEs, is pending before the U.S. Supreme Court, a collective action alleging employees were paid less than the requisite time and a half for hours worked ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

Tagged with: Judge Robert E. Payne Sanctions U.S. District Court - Eastern District

A doctor who claimed he was arrested twice on false charges of stalking and domestic violence can sue his accuser for intentional infliction of emotional distress, or IIED. A federal trial court denied the accuser’s motion to dismiss, holding that ...

Tagged with: Emotional distress Judge Robert E. Payne U.S. District Court - Eastern District

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where the mother of two students alleged they were denied rights provided by the Individuals with Disabilities Education Act, or IDEA, but she failed to administratively exhaust certain claims, another was not cognizable, a third failed to plead error and ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

Where a woman sued her former attorneys for providing deficient legal advice in a suit over an alleged sexual assault, her claims for negligence and breach of fiduciary duty were dismissed as redundant of her claim for breach of contract. ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where defendants moved to retroactively designate documents as “attorneys eyes only” that showed one individual’s stake in non-party companies, his email address and payments made to him by other defendants, their motion was rejected because the information did not match ...

Tagged with: Evidence Judge Robert E. Payne U.S. District Court - Eastern District

Where a detainee alleged a prison guard violated his rights by firing a gas gun without reason and denying him an opportunity to “wash off the chemical agents,” and there is a dispute over what happened during the encounter, the ...

Tagged with: Civil Rights Judge Robert E. Payne U.S. District Court - Eastern District

Where a multi-person panel concluded that another individual was the most qualified candidate for a promotion, and the plaintiff couldn’t show that was pretext for race discrimination, the employer prevailed on the discriminatory failure to promote claim. Background Malcom Fallin ...

Tagged with: Employment Discrimination Judge Robert E. Payne U.S. District Court - Eastern District

Where employees alleging a government contractor violated the Worker Adjustment and Retraining Notification, or WARN, Act, claimed a Falls Church office was the “single site of employment,” and there was evidence supporting this position, the motion for class certification was ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District