Where video evidence showed that Walmart placed two orange warning cones in the aisle where a spill had occurred, it prevailed on the negligence claim because it provided adequate warning of a dangerous condition and the shopper’s contributory negligence was ...

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

Type of action: Breach of contract Injuries alleged: Failure to indemnify after roof collapse, payment of workers compensation payments caused by injury to worker from roof collapse Name of case: Variety Stores Inc. v. Martinsville Plaza LLC Court: U.S. District ...

Tagged with: Contract Judge Thomas T. Cullen Verdict

Where an ophthalmologist alleged defendants fraudulently guaranteed geographic exclusivity of a medical device, his suit was dismissed because there is no claim for “constructive fraud by omission” in Virginia. Fraud by omission requires that the nondisclosing party deliberately fails to ...

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

Where a female employee alleged Walmart did not select her as the photo lab manager because of her gender, the record showed the successful male candidate had prior management and leadership experience, while she did not. Background Beatrice Quirk, a ...

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

Where the bankruptcy code prohibits a private employer from terminating an employee “solely because” that individual has filed for bankruptcy, and the employee alleged he was terminated after his employer decided his bankruptcy made him a liability, the claim survived ...

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

Where a department store was in possession and control of the leased premises when torrential rains resulted in a collapsed roof, an injured employee and considerable damage to inventory, its attempt to recover costs failed because the landlord had no ...

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

Where a longtime Walmart employee alleged she was the victim of “promotional discrimination” based on her sex, but the record showed she never applied for the management training program despite being urged to do so by her supervisors, Walmart prevailed ...

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

Where a wedding venue was unlikely to succeed on its claim that the governor’s COVID-19 order preventing wedding venues from nonreligious ceremonies with more than 25 attendees violated its First Amendment and equal protection rights, its motion for a preliminary ...

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

Where the former Virginia Tech employee’s hostile work environment claim ultimately relied on a single instance where her male supervisor “pinched and played with his nipple in a suggestive manner” during a meeting, the alleged incident was not sufficiently severe ...

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

Where the complaint included a charge of discrimination filed with the EEOC and a right-to-sue letter issued by the agency, but the documents had different charge numbers, the suit will proceed because the differences appear to be a typo. Background ...

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