Where a detainee alleged that officials at his prison were negligent by not providing him with accommodations for his mobility problems, such as a ladder to access his assigned top bunk, but security officials have discretion regarding inmates’ bunk assignments, ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District

Where companies sued their insurer for their losses stemming from the COVID-19 pandemic and several state governments’ orders temporarily suspending certain business in an effort to combat COVID-19, the insurer’s motion to dismiss was granted. The suit was foreclosed by ...

Tagged with: Insurance Judge Norman K. Moon U.S. District Court - Western District

A husband’s attempt to foist upon his wife any potential liability for alleged violations of state and federal housing discrimination laws at a property they co-own was thwarted in federal court. After learning that a tenant couple was expecting a ...

Tagged with: Commercial Judge Norman K. Moon U.S. District Court - Western District

An assistant principal’s hostile workplace, constructive discharge and retaliation claims have survived dismissal in federal court after a county school board ignored the racial discrimination she allegedly experienced in the wake of the board’s implementation of an anti-racism policy. The ...

Tagged with: Employment Discrimination Judge Norman K. Moon U.S. District Court - Western District

Where a Virginia Tech student filed suit against university officials after he was found responsible for “Sexual Violence-Rape,” his Title IX and 14th Amendment Equal Protection claims were dismissed. The student did not allege any facts that would establish that ...

Tagged with: Civil Rights Judge Thomas T. Cullen U.S. District Court - Western District

Where the estate of a man alleged that Winchester police shot and killed him, and then engaged in a conspiracy to cover up the alleged police shooting, but the jury returned a verdict for the officer after only 93 minutes ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

Where the charge of discrimination filed by an employee asserted only a claim for disability discrimination; did not check the box for “retaliation” or for “other” to specify a failure-to-accommodate or an interference charge and did not discuss any facts ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where a woman asserted a university’s failure to hire her to teach a class was because of her sex, but she failed to plead facts that the university was seeking applicants at the time, or that it continued to seek ...

Tagged with: Employment Discrimination Judge Elizabeth K. Dillon U.S. District Court - Western District

Although a supervisor’s performance review noted that an employee struggled with the computer and needed “assistance with technology at times,” that did not raise a reasonable inference of unlawful disability discrimination. Background Patricia Newell worked at Carter Bank & Trust, ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where a photographer suing for unauthorized use of his photograph failed to disclose his actual damages in his Rule 26 disclosures, but the defendant was aware the photographer was seeking such damages, had information regarding such damages well before trial ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District