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Employment: Woman alleges months-long smear campaign constitutes hostile work environment
Where a woman alleged a male executive went on a months-long, continuous smear campaign using vile, sex-based accusations that she was a slut, a whore and a person who had slept her way to the top, she plausibly alleged a hostile work environment claim.
Tort: Alleged conspiracy theorists and fraudsters dodge RICO claim
Where a man alleged that he was falsely accused of being a pedophile as part of a racketeering scheme, but he failed to plead facts showing an enterprise, racketeering activity or resulting injuries covered by the Racketeer Influenced and Corrupt Organizations Act, this claim was dismissed.
Employment: Woman alleges supervisor subjected her to hostile work environment
Where a woman alleged her supervisor forced the initiation of unwanted touching without her permission, and made lewd comments throughout their working relationship, she plausibly pleaded a hostile work environment claim.
Employment: Company granted injunction against former employees
Where two former employees violated their own non-solicitation/non-compete agreements, they were enjoined from soliciting any other clients, customers or employees.
Evidence: Court limits testimony of expert in mass shootings
Although an expert in mass shootings can testify in a case where a man was charged with, among other crimes, transmitting in interstate and foreign commerce a threat to injure the person of another, he cannot provide expert testimony that implies a conclusion about a defendant’s mental state during the charged offense.
Employment: Former employee’s seriatim lawsuit is dismissed
Where a woman previously filed suit against her former employer, this lawsuit, which arises out of the same series of transactions and is asserted against the same defendant, violates the rule against claim splitting and is time-barred in any event.
Employment: Constructive discharge claim is dismissed
Where a woman failed to plead facts plausibly showing that her working conditions were made so intolerable in an effort to induce to quit, because of her gender or prior […]
Sanctions: $31 million default judgment for discovery sanctions
Where the record showed a strategy of obstruction and delay over the course of the bankruptcy proceedings, including refusing to produce requested information even after being ordered to do so […]
Employment: Man’s color discrimination claim survives motion to dismiss
Where a man was allegedly told by his supervisor that the ultimate decisionmaker favored light-skinned people, and the supervisor allegedly referenced other decisions made on the basis of color, the […]
Employment: Hostile work environment claim is untimely
Where an employee failed to allege an act that contributed to the hostile work environment that was committed within 300 days before the date she filed her charge of discrimination, […]
Copyright: Suit over ‘Black Panther’ copyright is dismissed
Where a woman alleged that her idea for the Black Panther movie was stolen, but the court lacked personal jurisdiction over the defendants, the suit was dismissed. Background Gail Scott, […]
Employment: Discipline for crying doesn’t show sex/gender discrimination
Where a woman’s sex/gender discrimination claim rested on the allegation that she was written up for crying approximately five months before her termination, her claim was dismissed. The woman conceded […]
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
