Where the decedent’s daughter and partner both claimed life insurance proceeds, the funds were interpleaded into the court’s registry because there was jurisdiction over the dispute and the insurance carrier agreed to deposit the funds with the court. Background On ...

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

Where the crew chief for a fire and water cleanup and restoration company alleged his employer refused to allow him to quarantine at home to avoid exposing his paralyzed bother to COVID-19 and the allegations showed he stood in loco ...

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

An employee’s Family and Medical Leave Act interference and retaliation claims have survived his employer’s motion to dismiss. Christian Crawford, a crew chief for a fire and water cleanup and restoration company, alleged his employer refused to allow him to ...

Tagged with: Employment family and medical leave act Judge Thomas T. Cullen U.S. District Court - Western District

Where a furniture company claimed the economic downtown allowed it to suspend payment of deferred compensation to executives, that argument fails. Neither the plan documents nor the impossibility doctrine allowed the suspension of payments based on a poor economy. Background ...

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

Where a pension fund erroneously sent a check to the wife of a deceased union member, her acceptance of that check didn’t necessarily make her a fiduciary under the Employee Retirement Income Security Act. Background Following her husband’s death, Sandra ...

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

Where the director of the Pittsylvania County Department of Social Services, or DSS, was terminated 15 days after she gave a speech that criticized the DSS board, a jury will decide whether the speech was the but-for cause of her ...

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

A former Department of Social Services (DSS) director can move forward on her First Amendment retaliation and wrongful termination claim against a member of the DSS Board and County Board of Supervisors, a federal court judge has ruled. But U.S. ...

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

Where an employee alleged her supervisor singled her out for criticism in front of other employees, embarrassed her in sales meetings, manufactured criticisms of her job performance and forced her to sign a document precluding her from filing a civil ...

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

Where the director of the Pittsylvania County Department of Social Services, or DSS, was terminated two weeks after she spoke as a private citizen about community divisions affecting the delivery of social services in Pittsylvania County, a jury will decide ...

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

Where a Walmart store manager claimed she was paid less than male colleagues, but her alleged comparators worked in different departments, had different duties and dealt with different decisionmakers, she failed to state a prima facie case of gender bias ...

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