Claims of disability discrimination and retaliation against an employer survived summary judgment, but the Western District of Virginia said the worker failed to administratively exhaust his claims under the Virginia Values Act, or VVA. In Moss v. Saja Restaurant Group ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

A life care planner’s expert report was excluded from an auto accident trial after a federal judge ruled that the planner rendered medical opinions that she was not qualified to in her report. U.S. District Judge Thomas T. Cullen handed ...

Tagged with: Evidence Judge Thomas T. Cullen U.S. District Court - Western District

Where a former Wal-Mart employee alleged she was fired in retaliation for her alleged whistleblowing activity, but she failed to provide details showing she engaged in activity protected by Title VII, her Title VII retaliation claim was dismissed. Background Catherine ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a seasonal bell ringer for The Salvation Army was terminated shortly after he complained about white employees getting better, more lucrative bell ringing assignments, he plausibly alleged a claim for retaliation. Background In late 2021, George Weatherford was hired ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where an expert neurosurgeon did not review any of the plaintiff’s pre-accident medical records, she could not opine about the woman’s “significant prior medical history” or whether any pre-accident hypertension caused her headaches. Background This case arises from a serious ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where a man received a right-to-sue notice from the EEOC, that did not administratively exhaust his claims under the Virginia Values Act, or VVA. Background Aarin Moss brings this civil rights action against Saja Restaurant Group, claiming that he was ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where a life care planner selected which medications, treatments, therapies or modalities she believed an injured party would require in the future, she was rendering medical opinions without sufficient medical grounding or expert support. Her expert report was excluded as ...

Tagged with: Evidence Judge Thomas T. Cullen U.S. District Court - Western District

Where an employer provided digital forensic evidence showing a woman assented to an arbitration agreement, the woman’s statement that she did “not recall” doing so was insufficient to avoid arbitration. Background Natalie Lynn Soucie alleges that Virginia Utility Protection Service ...

Tagged with: Arbitration Judge Thomas T. Cullen U.S. District Court - Western District

Where a former employee alleged that he was owed obligations under the terms of a severance benefit plan after he was involuntarily terminated from his employment, the plan was subject to the Employee Retirement Income Security Act of 1974, or ...

Tagged with: Contract Judge Thomas T. Cullen U.S. District Court - Western District

Where a vendor argued her communications to a government employee’s supervisor were privileged as a matter of law because both parties shared an interest in discussing the employee’s conduct, that argument was rejected. Because Virginia courts have not explicitly extended ...

Tagged with: Judge Thomas T. Cullen Tort U.S. District Court - Western District