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Tag Archives: Judge Thomas T. Cullen

Shopper’s own inattentiveness led to slip and fall (access required)

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 ...

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Store roof partially collapsed after torrential rain — $460,000 verdict (access required)

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 ...

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No claim for ‘constructive fraud by omission’ (access required)

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 ...

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Manager selection based on leadership, not gender (access required)

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 ...

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Man claims he was fired for filing bankruptcy (access required)

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 ...

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Wedding venue’s challenge to COVID-19 order rejected (access required)

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 ...

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Supervisor’s acts didn’t create hostile environment (access required)

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 ...

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