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Judge Rossie D. Alston Jr.

Oct 16, 2022

Certification denied in overtime collective action

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 interactions with their supervisors, their motion was denied. Background NVR Inc. and NVR Mortgage Finance […]

Oct 16, 2022

Teacher allegedly touched student inappropriately

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 to adequately respond to the harassment or displayed deliberate indifference to his harassment, she plausibly […[...]

Sep 30, 2022

Government contractor defeats ADA claim

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 to his official termination, his accommodation claim was dismissed. Background Lemenuel Dungey alleges that Culmen […[...]

Sep 30, 2022

Desk reassignment not adverse employment action

Where an employee for a property management company alleged that she was assigned to a different desk for racially discriminatory reasons, her claim was dismissed. A desk reassignment is not an adverse employment action under the law. Background Artemys Coleman asserts the following claims against Kettler Management, her former employer: (1) claims for relief under […]

Sep 8, 2022

Withdrawal of tender results in dismissal of coverage suit

Where policyholders withdrew their tender after their carriers filed a declaratory judgment action, the suit was not ripe for resolution and was dismissed. Because the court was unpersuaded that the carriers acted in bad faith, wantonly or for other oppressive reasons, or that their decision to bring this action was an abuse of the judicial […]

Sep 8, 2022

Discovery proceeds in government contracting dispute

Although a party sued for allegedly breaching a master subcontract agreement, or MSA, argued that it was an unenforceable agreement to agree, because parties must be given the opportunity to test their theories and defenses through the crucible of discovery, including a fact-intensive review of “the facts and circumstances surrounding the teaming agreement,” its motion […]

Aug 23, 2022

Alleged comments can’t support employee’s claim

Where a Black female employee alleged that coworkers touched her hair and a supervisor criticized it and made other offensive comments about it, her hostile work environment claim was dismissed because the allegations did not show conduct “because of” her sex or race or that the alleged conduct was severe or pervasive. Background Jamie Carroll […]

Aug 15, 2022

Real estate company sued for retaliating against worker

Where an employee was placed on a performance improvement plan and terminated soon after he requested an accommodation for his disability and questioned the denial of that request, he plausibly alleged a claim for retaliation. Background Justin Ford alleges that his employer, Gates, Hudson & Associates, has discriminated against him, refused to accommodate him and […]

Aug 9, 2022

Lead plaintiff appointed despite difference in losses

Where a customer who suffered the most financial losses as a result of allegedly false and misleading securities statements moved to be appointed as lead plaintiff, his motion was granted. Although some of his losses were as a result of call options, that did not make him an inappropriate lead plaintiff because his purchase of […]

Aug 9, 2022

Lengthy absence dooms failure-to-accommodate claim

Where an employee was absent from work for nearly 12 months, she was not able to perform the essential functions of her position, dooming her failure-to-accommodate claim. Background Lolita Matammu’s amended complaint alleges three claims for violations of the Americans with Disabilities Act, or ADA, and one claim for a violation of the Age Discrimination […]

Aug 1, 2022

Disgruntled homeowner’s lawsuit dismissed

Where a disgruntled homeowner sued both federal and private defendants for claims relating to her home purchase, maintenance and foreclosure proceedings, but there was no subject matter jurisdiction over the federal defendants, and the claims against all defendants failed to state a claim, the lawsuit was dismissed. Background Marlene S. Earley asserts a litany of […]

Couple's hands separating
Aug 1, 2022

Spouse shelves suit; no attorneys’ fees for ex

When a man voluntarily dismissed a defamation suit against his ex-wife before she moved to dismiss in federal court, she cannot recover attorneys’ fees pursuant to Virginia’s “anti-SLAPP” statute, the Eastern District of Virginia has ruled in a matter of first impression. A similar hypothetical was posed in the defamation case Johnny Depp filed against […]

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