If you’re an employer in a lawsuit, you are held to a lower pleading standard than your employees.

Grant v. Bank of America, Civil Action No. 2:13-cv-342 (E.D.Va. Feb. 25, 2014), was handed down last week. The plaintiff, Ms. Grant, is black. She is suing her former employer and her former supervisor for race discrimination: she claims that when she was Vice President and Banking Center Manager, she did not receive the same […]

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Before you make the plaintiff’s lawyers work extra hard, be sure you can afford to pay them if they win.

Coles v. Deltaville Boatyard, Case 3:10-cv-491 (E.D.Va. Dec. 19, 2011). In this case, the federal district court in Richmond awarded over $62,000 in fees and costs to the plaintiff as the “prevailing party” where the plaintiff had been awarded only $2,000 in trial, a result the court initially called “de minimis.” The underlying case is […]

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Sometimes, if you want it done wrong, you have to do it yourself.

Ze-Ze v. Kaiser Permanente Mid-Atlantic States Regions, Inc., Civil Action No. 1:10cv959 (E.D.Va. January 28, 2011). Marie N. Ze-Ze worked as a clinical assistant at a clinic operated by Kaiser Permanente Mid-Atlantic States Regions, Inc. (“Kaiser”), from early 1989 through February 20, 2008. Ze-Ze is a native of Cameroon, Africa, and was infected with hepatitis […]

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If you file a frivolous lawsuit, you might have to pay the other side’s fees.

Judith Basinger v. Hancock, Daniel, Johnson & Nagle, P.C. Civil Action No. 1:10cv666 (E.D. Va. Dec. 23, 2010). In this Memorandum Opinion the Court considered the defendant’s motion for award of attorney’s fees and costs, after it had already dismissed all of the Plaintiff’s claims on summary judgment. The award sought was substantial—$25,650.00 in fees and […]

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It’s always easier if you don’t wait until the last minute.

Blackwell v. General Dynamics Land Systems, Inc., Civil Action No. 1:10cv110 (E.D. Va. June 28, 2010). Blackwell, a white male, was hired by General Dynamics Land Systems, Inc., in June 2004 as a Senior Security Representative in its Prince William County location. From the date he was hired until January 2006, Blackwell was considered a good […]

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If you throw your weight around, you might get taken down a peg.

E.I. du Pont de Nemours and Co. v. Kolon lndustries, Inc., Civil Action No. 3:09-cv-00058-REP (E.D.Va. May 25, 2010). E.I. du Pont de Nemours and Co. (“DuPont”) filed a Complaint against Kolon Industries, Inc. (“Kolon”), alleging that Kolon enticed certain DuPont employees and consultants to breach agreements and divulge trade secret and confidential information about DuPont’s […]

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You have to pick the right court. Good luck.

Boudouin v. Dept. of the Navy, et al., Civil Action No. C 09-4958 SBA (N.D. Cal. March 4, 2010) on transfer, Civil Action No. 2:10-cv-00109-JBF-TEM (E.D. Va. March 8, 2010). Boudouin sued the Navy under Title VII and the Age Discrimination in Employment Act (ADEA) and alleged that the Navy had failed to promote him […]

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You are never too busy to answer a summons

Ortiz v. Street, et al., Civil Action No. 1:09-cv-00962-JFA (E.D. Va., February 16, 2010). This case arose under the Fair Labor Standards Act (“FLSA”). Ortiz was employed by Street as a pool service technician. In his complaint, he alleged that he worked more than forty hours a week and that Street had failed to compensate […]

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Be careful what you ask for

Capital One Services, LLC, et al. v. Foster, Civil Action No. 3:09–CV–569 (E.D. Va., February 11, 2010). On September 11, 2009, Capital One sued Foster, alleging that Foster had (1) breached an agreement by using confidential information without permission, (2) had aided and abetted current Capital One employees to violate their fiduciary duties to Capital […]

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If at first you don’t succeed

Bogan v. The Roomstore, Inc., Civil Action No. 3:09-cv-00705-HEH (E.D. Va., January 29, 2010). Bogan filed a complaint against The Roomstore, Inc., alleging that his employer discriminated against him because of his race. Bogan, who is black, alleged that he was terminated for initially refusing to take a drug test. Bogan alleged that he refused […]

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