Where the court allowed the defendant to recover the attorneys’ fees it incurred in a defunct summary judgment motion, it reduced defense counsel’s hourly rate to rates more commensurate with slip-and-fall work in this district, eliminated noncompensable work and reduced ...

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

Where a former Walmart employee alleged she was not promoted to “assistant manager” because of her gender, but admitted at her deposition that she was not qualified for the promotion, Walmart prevailed on the claim. Background Denise Horton, a former ...

Tagged with: Employment Discrimination Judge Thomas T. Cullen U.S. District Court - Western District

Where the Town of Culpepper could end its lease with a movie chain if theater operations ceased for 120 days, its termination was not improper when the theater was closed because of COVID. Although the chain argued it was conducting ...

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

Where the defendants were allowed to use “REJUVenate” on “[a]ll-purpose disinfectants for infection control and prevention and biosecurity,” but allegedly used it on cleaning products that fall within the scope of goods covered by the plaintiff’s preexisting “Rejuvenate” mark, the ...

Tagged with: Intellectual Property Judge James P. Jones U.S. District Court - Western District

Where plaintiffs previously settled a claim over unpaid royalties under a coal wheelage agreement, their new claim for unpaid royalties that predated the settlement was barred by res judicata. Res judicata did not apply to the nonparties, however, because they ...

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

Where a former school employee alleged the then-superintendent defamed him by telling another person that his procurement violations were “deliberate and egregious,” he may take limited discovery from the school board about its investigation, his termination, the procurement of furniture ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a defendant was sued for defamation after claiming the plaintiff was a “‘deep state shill’ who was part of the state department’s attempt to cover up its involvement in instigating the attack in Charlottesville, his subpoenas to law enforcement ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a subcontractor sued a surety under the Virginia Little Miller Act, claiming it was a beneficiary under prime contractor’s payment bond, but a pending lawsuit between the prime contractor and subcontractor in Pennsylvania would likely resolve the surety’s liability, ...

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

Where there was a one year gap between a store manager’s alleged protected activity and his termination, a few instances of the silent treatment and a single reprimand were insufficient to show his termination was causally connected to his protected ...

Tagged with: Employment Discrimination Judge James P. Jones U.S. District Court - Western District

Where the expert for a woman injured in an automobile accident opined that she would need a future spinal fusion surgery, but that she would have to lose a substantial amount of weight before that surgery, the weight loss contingency ...

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