Where a pharmacy school alleged the withdrawal of its accreditation was racially motivated, its § 1981 claim was dismissed because the accrediting body’s policies, procedures and standards could be amended unilaterally, and thus did not constitute a contract. Background This ...

Tagged with: Commercial Judge Roderick C. Young U.S. District Court - Eastern District

Where the subcontract stated that “claims included in subparagraphs (A) or (B), above, shall be arbitrated,” it required arbitration of the covered claims. Although another provision states, “If arbitration is the forum agreed by all parties, it shall be conducted ...

Tagged with: Arbitration Judge Roderick C. Young U.S. District Court - Eastern District

Where a professor alleged that the Eastern Virginia Medical School allowed a student to publish the professor’s trade secrets as a poster for a scientific meeting and assisted or allowed the student to file for patent protection, she plausibly alleged ...

Tagged with: Employment Judge Roderick C. Young U.S. District Court - Eastern District

Where two police officers argued a civil rights suit brought by a U.S. Army lieutenant who was stopped over the display of his license plate and pepper sprayed should be stayed because the incident was now the subject of state ...

Tagged with: Civil Rights Judge Roderick C. Young U.S. District Court - Eastern District

Where two members were disassociated from the LLC, that terminated their memberships in the LLC for purposes of federal diversity jurisdiction. Background This is a lawsuit for declaratory and other equitable relief brought by three individuals who are or were ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

Where a homeowner alleged that banks did not provide a proper cure notice as  required by her deed of trust, but the record showed she received a notice that satisfied all of the deed’s requirements, the banks prevailed on the ...

Tagged with: Contract Judge Roderick C. Young U.S. District Court - Eastern District

Where a former Tyson Farms employee alleged her supervisor exposed himself to her without her consent, she was allowed to amend her complaint to sue him for assault and battery and intentional infliction of emotional distress. Background On Dec. 23, ...

Tagged with: Employment Discrimination Judge Roderick C. Young U.S. District Court - Eastern District

Where the executive director of the Norfolk housing authority sent a letter to residents that attacked the plaintiffs’ motivations in filing a Fair Housing Act suit, a claim for unlawful coercion, intimidation, threat or interference under § 3617 of the ...

Tagged with: Consumer Protection Judge Roderick C. Young U.S. District Court - Eastern District

Where there were no factual allegations showing how a corporate defendant’s ownership of a patent caused injury to plaintiffs in Pennsylvania, an entry of default against the corporate defendant by the Western District of Pennsylvania was vacated because the court ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

Where the insurance plan covered only the law firm owner as an insured subscriber, it was not an “employee benefit plan” under the language in the Employee Retirement Income Security Act of 1974, and the Department of Labor’s regulatory interpretations. ...

Tagged with: Insurance Judge Roderick C. Young U.S. District Court - Eastern District