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Tag Archives: Judge T.S. Ellis III

Restaurant ordered to pay overtime and attorneys’ fees (access required)

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

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Statements about competence were not mere puffery (access required)

Statements regarding defendant’s competence, ability to perform and serve as a “one-stop shop” for a roof repair project are factual representations because they were made with knowledge of the plaintiffs’ specific needs. These comments supported a claim for fraud in ...

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Employee’s report was beyond scope of anti-retaliation statutes (access required)

Where a former employee alleged he was terminated for reporting  to his superiors that the company was underreporting profits on nongovernmental commercial contracts, he did not have a viable retaliation claim under the Defense Contractor Whistleblower Protection Act or the ...

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Complaints from cheerleaders, parents support coach’s termination (access required)

A cheerleading coach who worked on a defense base in Japan failed to show her age or race was the reason for her termination. The record showed multiple complaints from parents and cheerleaders, including that the coach was late to ...

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Ineligibility for leave dooms FMLA retaliation claim (access required)

An employee who was not eligible for leave under the Family and Medical Leave Act cannot assert an FMLA retaliation claim. The plaintiff’s Title VII retaliation claim also did not survive summary judgment because her general gripes were not protected ...

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Government failed to establish right to enforce judgment lien (access required)

The government failed in its effort to enforce a judgment lien against real property formerly owned by an individual convicted of failing to report his interest in foreign accounts. The government offered no legal authority demonstrating that a judgment lien ...

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School Board provided required education to minor (access required)

A hearing officer’s conclusion that the Loudoun County School Board provided a 9-year-old student with a free appropriate public education, or FAPE, required by the Individuals with Disabilities Education Act, or IDEA, was not erroneous. Background Plaintiffs Kewin and Elizabeth ...

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ERISA preempts suit over pension withdrawal liability (access required)

The Employee Retirement Income Security Act of 1974 preempts a suit contesting a multimillion-dollar withdrawal liability owed to the trade association that offers the pension plan because the claims challenge the plan’s terms as violative of ERISA. The plaintiffs could ...

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