Where a former employee asserted claims based upon purported underpayment of pension benefits, they were dismissed. The breach of contract claim was preempted by ERISA, and the ERISA claims failed as a matter of law. Background Sylvia Moore was employed ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where employees working for the subcontractor of a government prime contractor accepted more than $1 million in kickbacks, a civil penalty in that amount was imposed against the government contractor under the strict liability provision of the Anti-Kickback Act. Background ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District

Where a customer alleged his cellular phone provider and a debt collection company violated the Fair Credit Reporting Act, but he agreed that any and all claims or disputes in any way related to or concerning cellular services must be ...

Tagged with: Arbitration Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a government employee based his discrimination and retaliation claims on the fact he received a lower performance rating, his claims were dismissed. A lower performance rating isn’t an adverse employment action. Background On Jan. 13, 2022, Terry Steele, represented ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

The Eastern District of Virginia has limited the scope of expert testimony in advance of a trial between two companies litigating whether commercial lease conditions relating to the construction and operation of a fitness club were breached. U.S. District Judge ...

Tagged with: Evidence Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where two companies that provide geospatial information services allegedly hired the plaintiffs’ employees, induced them to disclose proprietary information in breach of their non-disclosure agreements and continue to disclose and use the plaintiffs’ trade secrets in their business operations despite ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District

Where companies who are litigating whether commercial lease conditions relating to the construction and operation of a fitness club were breached, experts will be precluded from providing their subjective interpretations of the lease terms. Those opinions touch directly on interpreting ...

Tagged with: Evidence Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where loan processors and loan officers moved for conditional certification of their collective action alleging they were denied overtime, but their own allegations showed that all potential class members were not similarly situated and their claims turned on their individual ...

Tagged with: Employment Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where a student alleged that a teacher created a hostile environment by inappropriately touching her on several occasions and subjecting her to verbal harassment, and that multiple school officials received actual knowledge of the teacher’s alleged harassment, but either failed ...

Tagged with: Civil Rights Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where an employee alleged a government contractor failed to accommodate his anxiety and depression, but the complaint admitted that an accommodation had already been put into place prior to the verification process for the employee’s short-term disability request and prior ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District