Where the United States showed a law firm was liable for unpaid employment and unemployment taxes, funds which it withheld from its employees’ wages but failed to remit to the IRS, the government was awarded $219,496.82, plus statutory interest and ...

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

Where a female supervisor alleged her termination, following an investigation of alleged inappropriate sexual conduct in a supply closet, was sex discrimination, but the male store manager who was in the supply closet was also terminated, the store prevailed on ...

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

Where incarcerated persons at two Virginia maximum security prisons alleged that solitary confinement deprived them of a basic human need, and that the risk of prolonged detention was obvious from the medical and scientific literature and a prior Fourth Circuit ...

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

Where the record showed a manufacturing manager was terminated because of a consistent increase in the number of Occupational Safety and Health Administration, or OSHA, recordable injuries at his plant, his age discrimination claim failed as a matter of law. ...

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

Where a construction subcontractor was sued for not paying overtime and/or minimum wage to its workers, its third-party indemnification complaint against labor brokers was dismissed because indemnification claims are preempted by the FLSA. Background This is an action alleging that ...

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

Where the federal court applies federal substantive law in condemnation cases, and the court previously ruled that the federal interest rate would apply to an award in a condemnation case involving the Mountain Valley Pipeline, the landowners’ claim for interest ...

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

Where a Walmart bakery/deli division area manager alleged she was paid less because of her gender, but her male comparators held different jobs and had different duties, skills and relevant work experience, Walmart was granted summary judgment. Background Stephanie Chapman ...

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

Where the former tenant alleged his signature was forged on documentation that disqualified him from receiving a tax credit, but the allegedly forged affidavit was litigated in a prior suit between the parties, issue preclusion applied to foreclose this suit. ...

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

Where the healthcare provider alleged that its former employee created a conflict of interest by secretly entering into contracts to provide therapy services for his own benefit, it plausibly alleged claims for breach of contract, breach of the duty of ...

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

Where the plaintiff’s allegations focused on an alleged false arrest, but he did not plausibly allege how the officer seized him “pursuant to legal process,” his malicious prosecution claim was dismissed. Background On June 7, 2019, Craig Graves filed a ...

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