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Virginia UCC doesn’t apply to services contact
Where a government contractor asserted a claim for breach of an express warranty; a claim for the breach of implied warranty of merchantability and a claim for breach of the implied warranty of fitness for a particular purpose against a subcontractor, but their contract was for services, the warranty claims was dismissed. The Virginia Uniform […]
IP support company escapes fraud claim
Where a company that provides intellectual property support services was sued for allegedly misrepresenting what it would charge for patent renewal services, but the alleged misrepresentations were only in the parties’ written agreement, and the complaint lacked allegations about the author, content and context of the alleged misrepresentations, the fraud claim was dismissed with prejudice. [&he[...]
Immigration and Nationality Act is constitutional
Where a man charged with illegal reentry in violation of the Immigration and Nationality Act argued the court should review the constitutionality of the statute under heightened scrutiny, but he failed to show the statute was motivated by a discriminatory purpose, rational basis was the proper standard of review. The statute passed muster under that […]
Employee’s claims weren’t administratively exhausted
Where a former marketing specialist alleged claims for a hostile work environment based upon a disability and race, but she pursued only discrimination claims in her charge, never checked the “continuing action” box and pointed only to an isolated instance of purported disability-based discrimination in that filing, she failed to administratively exhaust the hostile work […]
Form correction defeats breach of contract claim
Where a bank initially sent a homeowner a form showing that his debt had been cancelled, but then issued a corrected form, the homeowner’s breach of contract claim was dismissed because there was no offer, acceptance or consideration. Background In 2017, Kim F. Henderson received an adverse judgment in favor of SunTrust Bank because of […]
Underpayment of pension benefit claims dismissed
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 by defendant Verizon Communications Inc. from 1989 until 2017. Her complaint seems to allege a […]
$1M penalty imposed against prime contractor
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 In 2008, Management Consulting Inc., or Mancon, was awarded a prime contract with the U.S. […]
Cellphone customer’s suit sent to arbitration
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 arbitrated, his claims were sent to arbitration. Background Mohammad Ghouri alleges that T-Mobile USA Inc. […]
Lower performance rating not adverse employment action
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 by counsel, filed a complaint alleging employment discrimination on the basis of age and a […]
Judge limits scope of expert testimony
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 Rossie D. Alston Jr. excluded one the plaintiff’s experts whose testimony he found “hinges largely […]
Tech companies accused of trade secret theft
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 a cease and desist notice, they were sued for misappropriation of trade secrets under both [&h[...]
Experts can’t provide subjective interpretations
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 “the legal obligations of parties under a contract” and improperly tell the factfinder what decision [&hellip[...]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
