Where there were disputed issues of material fact over whether directors of an employee stock ownership plan, or ESOP, committed fraud or engaged in efforts to conceal their alleged fraud, an former employee’s breach of fiduciary claims were not untimely as a matter of law. Background Janice A. Moore is a former employee of Virginia .
Where the Secretary of Labor moved to prohibit goods made by employees who weren’t paid lawful wages from entering the stream of commerce, but the company had already ceased the offending conduct and needed time to retain counsel, the secretary’s motion for a temporary restraining order, or TRO, was denied. Background The Secretary of Labor .
Where an arbitration agreement included a clause awarding attorneys’ fees to the prevailing party, but the Virginia Values Act only entitles a plaintiff to an award of attorneys’ fees and provides no right for fees to a prevailing defendant, the clause was severed from the agreement. Background Ironworks Development LLC suspended and then terminated Rhonda .
Where a student sued Liberty University for its alleged negligence in her alleged rape and assault by another student, the negligence claim was dismissed. The court found no Virginia case law that has recognized a duty owed by a university to a student to take administrative action either before or after a sexual assault. Background .