Although a Norfolk fire captain previously, but unsuccessfully, sued the City of Norfolk for impeding his ability to apply for a battalion chief position, because that prior suit did not name the fire chief in his individual capacity, and because ...

Tagged with: Employment Discrimination U.S. District Court - Eastern District

Where the defendant refused to assign leases to five properties as required by the parties’ agreement, but the plaintiffs “repeatedly” told him they would not be taking the leases and replied affirmatively that he was free to dispose of them, ...

Tagged with: Contract U.S. District Court - Eastern District

Where the plaintiff alleged that she suffered injuries from a transvaginal mesh implant, but she had no expert testimony on the applicable safety standard or causation, the manufacturer was granted summary judgment. Background Elnora Henderson alleges that she suffered injuries ...

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

Where the father of a man who died in the Portsmouth city jail failed to plead facts showing that his son suffered from a “sufficiently serious” medical condition, in this case suicide ideation or self-harm, or that prison officials were ...

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

Where the defendant was charged with assault with a dangerous weapon, which inherently includes that he intended to commit the assault with violent force, his predicate conviction qualified as a crime of violence. Background On April 8, 2011, Dearnta Lavon ...

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

Where the pro se plaintiff didn’t plead any facts plausibly suggesting he was the victim of discrimination, didn’t even allege the protected class under the Civil Rights Act of which he is a member and didn’t identify what section of ...

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

Where a mother alleged the school board violated her minor son’s Fourth, Fifth and Sixth Amendment rights, but the underlying events involving alleged possession and distribution of pornographic images of another minor took place in Virginia Beach where the parties ...

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

Where a consultant who was terminated retained his company laptop, which contained notes from about potential customers, he was liable for breach of contract and conversion, with a jury to determine the amount of damages. Background Richard A. Lombardo was ...

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

Where a nurse for a jail’s health care provider was subjected to a strip search on her first day of work at the regional jail, a jury will decide if prison officials violated her civil rights. Background Bikachi Amisi brings ...

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

Where a pharmacy school alleged the withdrawal of its accreditation was racially motivated, its § 1981 claim was dismissed because the accrediting body’s policies, procedures and standards could be amended unilaterally, and thus did not constitute a contract. Background This ...

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