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Judge Rossie D. Alston Jr.

May 9, 2023

Doctor’s defamation claims are dismissed

Where a doctor claimed that multiple statements in two articles were false and defamatory, but a majority of the challenged statements were not actionable, and the doctor failed to plead facts showing any of the statements were made with actual malice, the claims were dismissed. Background On Oct. 2, 2021, Gannett Co. Inc. and The […]

May 2, 2023

Court lacks jurisdiction over policyholder

Where an insurance carrier sought a declaratory judgment that it had no duty to defend its policyholder in an underlying suit, but the court lacked jurisdiction over the policyholder, the declaratory judgment suit was dismissed. Background Medmarc Casualty Insurance Company is an insurance company. GD Group USA Company is a distributor of disposable surgical gowns. […]

Electric vehicle at charging station
Apr 17, 2023

Federal court tosses ‘Voltswagen’ fraud suit

In the wake of “Dieselgate,” Volkswagen is defending against another class action suit — this time by investors claiming they were misled when the company announced it was changing its name to “Voltswagen,” and later revealed it was an April Fools’ prank. The Eastern District of Virginia found that the complaint stated a plausible securities […]

Apr 3, 2023

School Board defeats former teacher’s claims

Where the court previously held that the Prince William School Board did not discriminate or retaliate against a former high school teacher when it ended his employment, and the teacher then filed this suit alleging discrimination and retaliation in connection with his post-termination conduct, the suit was dismissed. Background Bruce Pearson is an African-American man. […]

Apr 3, 2023

‘Voltswagen’ prank results in class action

Where a putative class action suit was filed on behalf of persons who purchased stock after Volkswagen announced it was changing its name to “Voltswagen,” but later admitted that was an April Fools prank, the court held the complaint sufficiently pleaded that Volkswagen Group of America Inc. made material misstatements with the requisite degree of […]

Mar 28, 2023

Claims narrowed in former student’s suit

Where a woman sued the Fairfax County School Board and numerous school officials over her alleged rape, sexual assault and harassment when she was a seventh-grade student, but she failed to plead facts showing that she was been treated differently from similarly situated students or that certain defendants affirmatively created or increased the risk that […]

Mar 13, 2023

Lack of causal connection dooms retaliation claims

Where a former employee of the National Geospatial-Intelligence Agency alleged that she was terminated in retaliation for protected activity, but she failed to causally connect the termination to her protected activity, the NGA prevailed on the retaliation claims. Background Plaintiff was employed at the National Geospatial-Intelligence Agency, or NGA, from June 15, 2015, until Oct. […]

Mar 7, 2023

Denial of applications not arbitrary, capricious

Where an applicant alleged the United States Citizenship and Immigration Services, or USCIS, was arbitrary and capricious when it allegedly delayed and ultimately denied her applications, the agency was granted summary judgment. Its decisions bore a “rational connection” to the facts found in the administrative record. Background This case involves the adjudication by USCIS of […]

Mar 7, 2023

Lack of domestic injury dooms RICO claims

Where defendants were sued for allegedly orchestrating a wide-ranging fraud scheme through a consortium of financial institutions in Ghana, the claims under the Racketeer Influenced and Corrupt Organizations Act were dismissed because there was no domestic injury, as required to state a viable claim. Background Plaintiffs sued Paa Kwesi Nduom and his family members for […]

Mar 6, 2023

Health care worker’s race bias claim survives

A health care worker’s suit alleging she was paid a lower hourly rate and for fewer hours than another employee because of her race survived a partial motion for summary judgment after a federal judge found the plaintiff plausibly asserted a claim of race discrimination. “[B]ased on the evidence presented, a reasonable jury could find […]

Feb 26, 2023

Worker claims lower pay was because of race

Where a healthcare worker alleged she was paid a lower hourly rate and paid for fewer hours than a similarly situated Korean employee, she plausibly alleged a claim for race discrimination. Background Nasra Osman, a former employee of defendants Young Healthcare Inc. and Young Shin Lee, alleges that defendants intentionally and willfully violated the overtime […]

Feb 13, 2023

Valve manufacturer’s patent suit transferred to Texas

Where a patent holder previously filed five patent infringement suits in the Eastern District of Texas against purchasers of “high pressure fuel injection valves,” a suit brought by the manufacturer of those valves, seeking a declaration of non-infringement, was transferred to that court. Background Westport Fuel Systems Canada Inc. owns two patents that allegedly cover […]

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