53 F. Supp. 3d 835
E.D. Va.2014Background
- Defendant GLS provided translation/interpretation to the U.S. Army; plaintiffs are current/former linguists in Kuwait.
- Plaintiffs allege GLS took their passports to obtain Kuwaiti sponsorship and barred them from leaving bases or seeking medical care.
- Contract changes in late 2012–early 2013: GLS ended local sponsorship with Al Shora and contracted directly with Plaintiffs under new 2013 contracts, including a jury waiver.
- Contracts include Virginia governing law, a jury waiver, at-will employment, and various terms on compensation, benefits, and risks.
- Plaintiffs filed a Second Amended Complaint with eight counts; GLS moved to dismiss all counts and strike the jury demand.
- The court previously applied Virginia law under a law-of-the-case approach and held engagements with Kuwaiti sponsors were potentially unlawful but enforceability of the choice-of-law provision remained intact; the court now addresses the second amended pleading and related motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Choice of law enforceability | Plaintiffs challenge the choice-of-law provision due to unequal bargaining power | Virginia law should apply; provision enforceable absent fraud/unequal bargaining | Virginia law applies; choice provision enforced |
| False imprisonment viability | Alleged confinement and passport seizure support false imprisonment | No adequate basis; conduct outside scope of false imprisonment | Counts survive; false imprisonment stated},{ |
| Fraud sufficiency | Concealment of sponsorship lack induced signing of 2013 contract | No fraud; insufficient factual pleading | Fraud claim survives (Count 4) |
| Negligent/Intentional infliction of emotional distress | Conduct caused severe distress | Standard too demanding; distress not shown as severe | Counts 2 and 3 dismissed |
| Jury demand waiver enforceability | Waiver was not negotiated and counsel not consulted | Waiver valid and conspicuous; contract allowed voluntary waiver | Jury demand waiver enforced |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (needs more than bare allegations; plausibility required)
- TFWS, Inc. v. Franchot, 572 F.3d 186 (4th Cir. 2009) (law-of-case doctrine and exceptions; enforceability analyses)
- Leasing Serv. Corp. v. Crane, 804 F.2d 828 (4th Cir. 1986) (jury-trial waiver admissibility; voluntary and informed)
- Zayre of Va., Inc. v. Gowdy, 207 Va. 47, 147 S.E.2d 710 (Va. 1966) (false imprisonment definition and elements)
- Womack v. Eldridge, 210 Va. 338, 210 S.E.2d 148 (Va. 1974) (intentional infliction of emotional distress standard)
- Russo v. White, 241 Va. 23, 400 S.E.2d 160 (Va. 1991) (-outlines extreme and outrageous conduct standard)
- Lamberty v. Premier Millwork & Lumber Co., Inc., 329 F.Supp.2d 737 (E.D. Va. 2004) (fraud pleading and standards in federal court)
- Saunders v. General Services Corp., 659 F. Supp. 1042 (E.D. Va. 1987) (rescission and equitable restoration principles)
- Hughes v. Moore, 214 Va. 27, 197 S.E.2d 214 (Va. 1973) (negligent infliction of emotional distress requirements)
- Millboro Lumber Co. v. Augusta Wood Products Corp., 140 Va. 409, 125 S.E. 306 (Va. 1924) (restoration principles in rescission where complete restitution impracticable)