An administrator was not entitled to compensation for her role in pursuing the wrongful death claim and bringing the case to a beneficial settlement because the Virginia Code does not provide for such a distribution to be made. Background Plaintiff ...

Tagged with: Judge Rebecca Beach Smith Tort U.S. District Court - Eastern District

Where a complaint did not seek any monetary relief against, or allege any breach of duty by, the sole defendant who resided in the same state as plaintiff, that defendant’s status as a nominal party who did not count for ...

Tagged with: Civil Practice Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where the plaintiff failed to disclose the existence of her child during her initial visa application process and subsequently testified that she had never given false information or documentation to a U.S. official during her naturalization interview, she was unable ...

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

Where an individual was found with funds containing traces of controlled substances while going through security at an airport and was unable to provide documentation to support any of his inconsistent claims regarding the source of those funds, the funds ...

Tagged with: Civil Practice Judge Anthony J. Trenga U.S. District Court - Eastern District

Where the deceased fell off a ladder when a piece of a crate he was attempting to pull up suddenly broke off, the administrator of the deceased’s estate could sue the company that designed and manufactured the crate for wrongful ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

Where a plaintiff opted-in to a collective employment discrimination action after filing an individual employment discrimination action containing overlapping claims and allegations, the plaintiff was dismissed from the collective action. Background Joseph H. Andreana is the named plaintiff in a ...

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

A homeowner who became frustrated after multiple unsuccessful attempts to request loan modification or loss mitigation relief did not adequately state a claim his provider violated the loss mitigation rules because he had already availed himself of the loss mitigation ...

Tagged with: Banking Judge Robert G. Doumar U.S. District Court - Eastern District

Police officers who waited more than two minutes before allowing a lifeguard to rescue the plaintiff who was suffering a psychotic episode, are nevertheless entitled to qualified immunity as no clearly established law put the officers on notice that such ...

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

The majority of the panel accepted new districts proposed by the court-appointed special master whose methodology suggests the voting rights of black voters would not be diluted. Eleven districts had been held as racial gerrymanders in violation of the Equal ...

Tagged with: Constitutional Judge Barbara Milano Keenan U.S. District Court - Eastern District

Where a defendant acknowledged touching his co-worker’s shoulders during a dispute, and the co-worker and other witnesses testified that the contact was intended to prevent the co-worker from leaving the room, the defendant’s self-serving testimony that the contact was minimal ...

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