Although a doctor didn’t prescribe opioids to treat a detainee’s chronic kidney stones and pain, the doctor was nevertheless granted summary judgment on the detainee’s deliberate indifference claim. The record showed the doctor was responsive to the detainee’s needs and ...

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

Where parties challenged the City of Virginia Beach’s at-large election method, and the city moved to stay proceedings until March 2023 so that the newly elected City Council had an opportunity to decide on a method of conducting elections, the ...

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

Where a former employee asserted claims based upon purported underpayment of pension benefits, they were dismissed. The breach of contract claim was preempted by ERISA, and the ERISA claims failed as a matter of law. Background Sylvia Moore was employed ...

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

Where the court previously ruled that the employment agreement between an assistant professor and Eastern Virginia Medical School, or EVMS, precluded the professor from asserting a claim for misappropriation of the trade secret against EVMS, the professor’s motion for reconsideration ...

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

Where the Virginia Department of Environmental Quality, or DEQ, argued that a male permit writer was paid more than a female permit writer because of his prior salary, but the parties disputed whether DEQ’s disparate application of compensation policies to ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a former employee asserted a claim for interference under the Rehabilitation Act, but she failed to plead facts showing any discriminatory intent by her employer, her claim was dismissed. Background Michele Pitts-Brown’s second amended complaint, or SAC, against her ...

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

Where correctional officers moved for summary judgment against claims of gross negligence, willful and wanton negligence and deliberate indifference filed by the family of a detainee who experienced chest pains that ultimately resulted in his death, but there were inconsistences ...

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

Where a doctor had maintained an active clinical presence in the defendant’s specialty, and had performed the contested procedure in the past, he satisfied the active clinical practice requirement to be qualified as an expert witness in Virginia. Background This ...

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

Even though a cybersecurity company stopped selling goods online using an unregistered mark years before a competitor registered a similar mark, its continued use of the mark online subjected it to liability for trademark infringement. Judge Claude M. Hilton of ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

A demand for treble damages under the Virginia Overtime Wage Act was rejected after a federal judge found that recent amendments applied retroactively. Judge Raymond A. Jackson of the Eastern District of Virginia limited the claimant’s relief to damages available ...

Tagged with: Employment Judge Raymond A. Jackson Overtime Wage Act U.S. District Court - Eastern District