Tag Archives: Judge Theresa C. Buchanan

Reinstatement didn’t exceed arbitrator’s jurisdiction (access required)

An arbitrator did not exceed his jurisdiction in reversing United Airlines’ decision to terminate a pilot accused of retaliation. The arbitrator acknowledged the retaliation standard from United’s policy and the definition applied by the Equal Employment Opportunity Commission, and sufficiently ...

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Defaulting employer liable for overtime wages and fees (access required)

Where an employer never responded to the employee’s claims for unpaid overtime wages and liquidated damages, the employee was awarded $3,920 in overtime wages, an equal amount as liquidated damages and $8,329.75 in attorneys’ fees and costs. Background Plaintiff filed ...

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Delay in producing documents does not warrant dismissal (access required)

Although the plaintiff delayed producing documents related to the medical care she alleges she received as a result of the defendant’s conduct, the delay was caused by factors beyond her control and dismissal of her claims was not warranted as ...

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‘Disproportionate’ discovery sanctions rejected (access required)

Although the defendant was ordered to respond to long-overdue discovery, the sanctions requested by the plaintiff, including striking of a counterclaim and affirmative defenses, were disproportionate. As the pandemic likely made discovery more difficult and the parties are still litigating ...

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Crime-fraud exception applies to law firm (access required)

Where a federal loan servicer offered evidence suggesting a law firm operated a fraudulent scheme to create lawsuits under the Telephone Consumer Protection Act, or TCPA, the firm was ordered to produce documents because of the crime-fraud exception to attorney-client ...

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Privilege claim rejected in student loan case (access required)


A federal judge’s ruling on attorney-cli­ent privilege has brought to light a novel Virginia lawsuit claim: Lawyers alleged­ly induced student loan debtors to stop making payments in order to trigger ac­tionable collection calls. A student loan debt servicer claims the ...

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Judge hits counter-piracy firm with sanctions (access required)


A judge’s discovery sanctions will hobble a seagoing security company in its bid for insurance coverage after its ship and crew were seized by Indian authorities. The sanctions include preclusion of evidence beyond the company’s limited discovery responses and an ...

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