Where defendants both knew of the right to arbitrate and acted inconsistently with that right during this litigation, their motion to compel arbitration was denied. Background On Dec. 20, 2020, SZY Holdings LLC and FarFromBoring Promotions.com LLC, or FFB, filed ...

Tagged with: Arbitration Judge Michael S. Nachmanoff U.S. District Court - Eastern District

Where the magistrate judge deferred to the interpretation of “managers or supervisors” made by the Department of Labor, or DOL, it did not err. The terms are ambiguous and the DOL’s interpretation wasn’t unreasonable. Background Garrett Hoffman alleges that Bear ...

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

Where a woman alleged a case of wooden blinds fell from a shelf and struck her in the head and shoulders while she was shopping at Wal-Mart, and that the store manager herself improperly stacked and stocked the box of ...

Tagged with: Judge M. Hannah Lauck Negligence U.S. District Court - Eastern District

Where the court previously dismissed a lawsuit for lack of standing, the plaintiffs’ motion to reconsider was denied because it did not show the court misapplied the facts or the law. The City of Norfolk, moreover, was awarded most of ...

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

Where a man sued the attorney representing his ex-wife, alleging that she had him arrested and incarcerated without trial, without bail and against his will, but the record showed the man was arrested as a result of his ex-wife’s complaint, ...

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

Where a woman sued to compel United States Citizenship and Immigration Services, or USCIS, to produce immigration records under the Freedom of Information Act, the claim was dismissed as moot because USCIS produced the records. Background In this action under ...

Tagged with: Administrative Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where the court ordered a man to remove counts that had no statutory basis or that spoke to remedies that did not constitute a cause of action, and he failed to do so, the court struck counts titled “Spoliation of ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Where Spotsylvania County officers allegedly knew a woman posed a known risk of suicide but failed to check her for weapons, and the woman thereafter killed herself with a hidden gun, her estate’s claims for gross negligence and deliberate indifference ...

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

Where a former state court magistrate judge was terminated after she made comments to a local paper about pending matter, her First Amendment retaliation claim may proceed. Background Elizabeth Fuller was employed as a magistrate judge in the Eighteenth Judicial ...

Tagged with: Constitutional Judge Patricia Tolliver Giles U.S. District Court - Eastern District

Where multiple people sued the Commonwealth of Virginia, Commonwealth officials and Democratic Party officials over the locations and timing of a “firehouse primary,” but the Commonwealth officials were immune from suit, the plaintiffs lacked standing and their claims failed as ...

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