Tag Archives: U.S. District Court – Eastern District

Privilege claim rejected in student loan case (access required)


A federal judge’s ruling on attorney-cli­ent privilege has brought to light a novel Virginia lawsuit claim: Lawyers alleged­ly induced student loan debtors to stop making payments in order to trigger ac­tionable collection calls. A student loan debt servicer claims the ...

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Failure to request accommodation dooms bias case (access required)

The City of Richmond prevailed on the failure-to-accommodate claim because merely informing a supervisor about disabilities is not sufficient to trigger an interactive process. Background Plaintiff Tyrus Yerby alleged violations of the Americans with Disabilities Act. Plaintiff alleges that the ...

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Briefing ordered on legal standard for piercing corporate veil (access required)

In a case involving an ERISA-covered plan, the parties’ briefs on the motion to dismiss assumed that Virginia law applies to the corporate veil piercing claim. Supplemental briefing was ordered on whether the federal common-law standard should instead apply, and ...

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Enforceable non-solicitation clause can be severed (access required)

Where employment agreements contained non-solicitation clauses covering employees, customers and suppliers, only the employee non-solicitation clause was enforceable and could be severed from the other unenforceable clauses. Background The defendants moved to dismiss certain counts of the complaint, and all ...

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Collateral estoppel applies to dispute over contract formation (access required)

Where all the elements for collateral estoppel were established, the bankruptcy court did not err in finding a contract was formed between the trustee and a defendant. But because the court did not articulate its reasoning on damages, the issue ...

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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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Terms clarified for patents involving threat detection technology (access required)

Disputed terms such as “packet(s),” “configured to” and “proxy system” in a patent case involving threat detection computer technology were resolved after a hearing. Background These matters come to the court on eight disputed terms found in the asserted claims ...

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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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Conductor’s ADA claim against railroad fails (access required)

Where Norfolk Southern did not fail to accommodate a conductor allegedly suffering from post-traumatic stress disorder, the conductor failed to establish a viable nonconductor job that would have accommodated his disability. Background Plaintiff alleges that defendant failed to accommodate his ...

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