Where two persons moved for summary judgment on their claims that they were unjustly and inappropriately terminated from their positions at a Martinsville hotel, but they relied only on unsupported, conclusory statements, their motion was denied. Background This dispute dates ...

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

Where a man alleged that he was fired as a seasonal bell ringer for the Salvation Army because of his age, his claim under the Age Discrimination in Employment, or ADEA, was dismissed. He failed to allege any facts that ...

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

Where the court could not credit the testimony of a Virginia state trooper that he searched a vehicle after seeing vacuum-sealer packaging material when he initially pulled the truck over, and the remaining reasons why the trooper searched the vehicle ...

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

Where a doctor suing her former government contractor employer for retaliation argued the magistrate judge erred in adopting a confidentiality order that designated government confidential documents as confidential, her argument was rejected. A contract required the contractor to keep the ...

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

Where a Virginia Tech coach publicly chastised a soccer player, removed her from the starting lineup and reduced her playing time after she refused to kneel in support of social-justice initiatives, a jury will decide if he was retaliating against ...

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

A federal judge has resolved a priority dispute between two insurance policy carriers that both provided coverage for an at-fault driver acting within the scope of his employment while driving his own vehicle. The driver had personal policy with MMG ...

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

Where a customer alleged that his bank allowed unauthorized withdrawals from his checking account, his breach of fiduciary duty claim was dismissed. No fiduciary duty is created in an ordinary relationship between a bank and its customer, and there was ...

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

Although hospitals lost revenue during the COVID-19 crisis because the Virginia governor banned certain elective and/or non-emergent procedures at their facilities, the “Interruption by Communicable Disease,” or ICD, endorsement provision provided no coverage. The ICD endorsement requires that the government ...

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

Where a physician’s assistant at the Roanoke city jail did not promptly see a detainee or take further action to address his symptoms, even when faced with an X-ray that provided no clarity as to the cause of his symptoms ...

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

Although a driver involved in a motor-vehicle accident was simultaneously covered by insurance policies issued by separate carriers, because one policy provided primary liability coverage and the other policy provided excess coverage, the carriers did not have an equal pro ...

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