Where a contracting party moved for reconsideration of the court’s order denying its motion to dismiss, the motion was denied because parol evidence was needed to provide context to the confusing and contradictory contract terms. Background Fifth Third Bank N.A., ...

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

Where a defendant had a duty to preserve relevant documents and failed to do so, because there was no evidence he willfully destroyed evidence, no sanctions were imposed. Background In 2018, Ronald Scearce, then a member of the Pittsylvania County ...

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

Where the evidence suggested the corporate plaintiff has a history of forging signatures on documents, but the defendants failed to show it did so in this case, with respect to these defendants there was no fraud committed on the court. ...

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

Where a company that was sued for unemployment retaliation argued it did not employ the plaintiff, but her complaint alleged she worked for that company and provided her job title, tenure and history of raises and promotions, she plausibly alleged ...

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

Where the court allowed the defendant to recover the attorneys’ fees it incurred in a defunct summary judgment motion, it reduced defense counsel’s hourly rate to rates more commensurate with slip-and-fall work in this district, eliminated noncompensable work and reduced ...

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

Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

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

Where a subcontractor sued a surety under the Virginia Little Miller Act, claiming it was a beneficiary under prime contractor’s payment bond, but a pending lawsuit between the prime contractor and subcontractor in Pennsylvania would likely resolve the surety’s liability, ...

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

Where the expert for a woman injured in an automobile accident opined that she would need a future spinal fusion surgery, but that she would have to lose a substantial amount of weight before that surgery, the weight loss contingency ...

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

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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

Where a Walmart bakery/deli division area manager alleged she was paid less because of her gender, but her male comparators held different jobs and had different duties, skills and relevant work experience, Walmart was granted summary judgment. Background Stephanie Chapman ...

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