Where an insurance policy provided coverage for automobile accidents involving a “covered auto,” and it listed the vehicles falling within this definition, an accident involving a company employee using her personal vehicle for business purposes fell outside the scope of ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

Where a clinical manager for a home health care provider stated she was unable to perform field visits because of her knees, and she refused the provider’s offer to screen field visits and allow her to select those that she ...

Tagged with: Employment Discrimination Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where the question whether the reasonable relationship test applies to highly compensated employees, or HCEs, is pending before the U.S. Supreme Court, a collective action alleging employees were paid less than the requisite time and a half for hours worked ...

Tagged with: Employment Judge Robert E. Payne U.S. District Court - Eastern District

Where a man protesting police brutality in downtown Fredericksburg alleged that officers repeatedly shouted directives at him, causing him to stop his movements, and that he was subsequently detained and issued a citation, he plausibly alleged a First Amendment retaliation ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the circuit court entered a default judgment authorizing the seizure of the pro se plaintiff’s land by the Commonwealth of Virginia Department of Conservation and Recreation, or DCR, his federal court suit against judges, court personnel and others was ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

Tagged with: Judge Robert E. Payne Sanctions U.S. District Court - Eastern District

Where the representative of a now-deceased seaman alleging his exposure to asbestos aboard a Navy ship caused his death sought survival damages for pain and suffering as well as medical expenses, his claim was denied because survival damages for pre-death ...

Tagged with: Judge Raymond A. Jackson Products Liability U.S. District Court - Eastern District

Where an employee asserting a claim for retaliation attempted to voluntarily dismiss his suit a month before trial, after the employer answered the complaint, moved for summary judgment and prepared for trial, the employee’s request was denied. The employer was ...

Tagged with: Employment Discrimination Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the defendant was convicted of conspiracy to violate the Racketeering Influenced and Corrupt Organizations Act, or RICO, he was not eligible for sentence reduction under the First Step Act. The Fair Sentencing Act did not modify the statutory penalties ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District

Where a trial delay was caused by several factors beyond the government’s control, including COVID-19, defendant’s medical problems and a weather-related travel delay, and the defendant showed no resulting prejudice, his motion to dismiss the indictment on speedy trial grounds ...

Tagged with: Criminal Judge Roderick C. Young U.S. District Court - Eastern District