U.S. District Court – Eastern District of Virginia

Gardner v. Shulkin

In this employment discrimination case, the court will not dismiss the plaintiff’s claim for discrimination based on “color” even though her EEOC charge cited only sex, race, and disability discrimination. During the administrative investigation, the plaintiff frequently cited her dark… Read More ›

Kuntze v. Josh Enters. Inc.

In this wage-and-hour case, 4th Circuit precedent suggests that the half-time calculation of the “fluctuating workweek” payment method can apply to calculate damages in willful misclassification cases if all requirements for its application are satisfied. However, it would be premature for… Read More ›

Roe v. Shanahan

The plaintiffs have made a strong preliminary showing that the U.S. Air Force’s approach to servicemembers living with HIV is irrational, inconsistent, and at variance with modem science. The plaintiffs are Air Force members who have been diagnosed with HIV…. Read More ›

Yemer v. US CIS

U.S. Citizenship and Immigration Services properly denied the naturalization application of the plaintiff, an Ethiopian citizen who has resided in the U.S. since 2009. The plaintiff cannot show she is of good moral character, a requirement for citizenship, because she… Read More ›

Fijalkowski v. Wheeler

Police are entitled to qualified immunity as to the plaintiff’s claim that they exacerbated a dangerous situation – namely, the plaintiff’s psychotic episode in which he submerged himself underwater at the pool where he worked. Under the state-created danger doctrine,… Read More ›

McFadden v. Williams

In this RICO and usury action, the plaintiffs may depose the president of a corporate defendant about matters apart from his employment with the corporation. Where the plaintiffs allege that the corporate defendants merged to avoid liability, and where the… Read More ›

Fitzgibbon v. Radack

In this suit for malicious prosecution and defamation, transfer to the District of Columbia, where the defendant allegedly falsely accused the plaintiff of sexual assault, is not justified. While the plaintiff’s choice of forum carries less weight than usual because… Read More ›