Where former employees argued that the court erred when it granted immunity to corporate directors under Virginia’s Nonstock Corporation Act, or VNCA, but their arguments were already made or could have been made, this motion to reconsider was denied.
Background
On Sep. 16, 2022, this court adopted the magistrate judge’s report and recommendation, which, among other things, concluded that Jeanne Van Duzer Lang and Laramie Van Duzer Silber’s request to add New Jersey Wage Theft Act, or WTA, claims against all defendants should be denied as futile.
Almost a year later, this court granted in part and denied in part defendants’ motion for summary judgment. As a part of that decision, the court accorded the directors of Patients Out of Time, or POT — previous defendants in this case — immunity under the VNCA. Plaintiffs now ask the court to reconsider these past decisions.
Director liability
Plaintiffs ask the court to reconsider its ruling that the VNCA shields POT’s directors from liability. They claim that the court’s previous holding was a “clear error of law.” In support of this proposition, they cite two cases interpreting the Virginia Stock Corporation Act, a statute similar to the VNCA. Those decisions define “willful misconduct” as including an intentional failure to act — a definition plaintiffs aver conflicts with this court’s ruling.
Notably, plaintiffs’ characterization of the court’s holding is misleading. They ignore the court’s determination that POT’s directors...
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