Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

Tagged with: Civil Rights Disability Employment Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Although the Plaintiffs did not state a § 10(b) claim against any individual corporate officers, false statements by a company’s lower-level employees could be attributed to the company itself if employees made those statements with the intent to provide false ...

Tagged with: Business Law Corporate Employment Judge T.S. Ellis III Securities Tort U.S. District Court - Eastern District

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Dennis W. Shedd Judge J. Harvie Wilkinson III Judge James P. Jones Judge Norman K. Moon Judge Paul M. Black Judge Roger L. Gregory Judge T.S. Ellis III

Following his trial and conviction by jury, a deportee was acquitted for forcibly resisting ICE officers after the government offered evidence of forcible resistance only to CBP officers. Background Defendant Koffi Ameyapoh, a citizen of Togo, was ordered removed from ...

Tagged with: Constitutional Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Plaintiff Kelly Antekeier began working as a Key Account Executive at Defendant Laboratory Corp. of America in 2010. She was promoted to the position of Senior Marketing Executive in 2013. Her duties included seeking out new clients as well as ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

In a defamation suit, Defendant Jane Roe was not entitled to immunity for her statements in university proceedings accusing Plaintiff John Doe of sexual assault, though the court advised that the issue could be revisited at a later stage. The ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

The court declined to grant voters in Virginia House District 28 a preliminary injunction ordering the district’s election results of 2017 to be vacated, barring the Clerk of the House of Delegates from seating the winner, and ordering a new ...

Tagged with: Constitutional Judge T.S. Ellis III U.S. District Court - Eastern District

Defendant Media Research Center Inc. did not infringe on Plaintiff Larry Philpot’s copyright by obtaining his photos from Wikimedia and using them without attribution on the Center’s own website. Philpot is a professional photographer who, as part of his work, ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

A political organization that used two photographs of famous musicians on its website – without credit to the photographer – was not liable to the lensman despite a creative commons license that required attribution, a federal judge has ruled. The ...

Tagged with: Copyright Judge T.S. Ellis III U.S. District Court - Eastern District

Harry McPike wanted to a spaceman, that’s what he wanted to be. McPike, a native of Austria who now lives in the Bahamas, is an adventurer, a rich man who likes to push life to the limit. McPike is the ...

Tagged with: Judge T.S. Ellis III U.S. District Court - Eastern District