Employment Discrimination – Title VII – Race – Hostile Environment – Break Room Politics 
By Deborah Elkins
Published: September 8, 2008
A Danville U.S. District Court dismisses a pro se complaint alleging that plaintiff, an African-American employee of defendant Corning Inc., was subjected to a hostile work environment when his white supervisor stated in the company break room that it was convenient that Obama “was Black and that he was just trying to get Black votes,” [...]
Criminal – Sentence Reduction – Defendant’s ‘Substantial Assistance’
By Deborah Elkins
Published: September 8, 2008
An Abingdon U.S. District Court grants an evidentiary hearing on defendant’s “motion to compel” alleging he was promised a sentence reduction under Fed. R Crim. P. 35, based on his substantial assistance in the prosecution of another person who had threatened to kill a U.S. Magistrate Judge.
I find defendant has made a substantial threshold showing [...]
Intellectual Property – Criminal Copyright Infringement – Conspiracy – Internet Piracy
By Deborah Elkins
Published: September 8, 2008
Although defendant contends the government did not show that he understood that reproduction and distribution of copyrighted materials constituted copyright infringement, a Big Stone Gap U.S. District Court denies defendant’s motion for judgment of acquittal after his conviction of criminal copyright infringement and conspiracy, in the government’s prosecution of defendant as a “high-level member of [...]
Employment Discrimination – Title VII – Exhaustion Of Remedies – EEOC Letter
By Deborah Elkins
Published: September 8, 2008
A Lynchburg U.S. District Court dismisses plaintiff’s Title VII lawsuit alleging retaliation for her earlier race and sex discrimination claims, for failure to exhaust administrative remedies because the EEOC has yet to issue a right-to-sue letter to plaintiff, and her other claims are dismissed for failure to state a claim.
In this case, plaintiff has filed [...]
Civil Rights – Fair Housing Act – Racist Epithets – Tenant Restrictions
By Deborah Elkins
Published: September 8, 2008
A Charlottesville U.S. District Court denies a landlord’s motion to dismiss plaintiff tenants’ claim under the Fair Housing Act, 42 U.S.C. § 3601 et seq., alleging defendants engaged in a pattern of racial harassment and intimidation during the six-year period they rented a house owned by defendant, including making discriminatory statements, forcibly evicting them and [...]
Civil Rights – Due Process – Child Abuse Investigation
By Deborah Elkins
Published: September 8, 2008
A father cannot amend his suit under 42 U.S.C. § 1983 against various social service officials for claims arising out of a two-year investigation into allegations that he sexually abused his young daughter; although the amended complaint sufficiently alleges that defendants lacked the reasonable suspicion of abuse necessary to remove the child, the father’s claims [...]
Civil Procedure – Discovery Sanctions – Rule 37 – Default Judgment
By Deborah Elkins
Published: September 8, 2008
In this litigation between a former chairman of the board and CEO for defendant corporation who left his post as officer and director but was retained as consultant, and the corporation, which has counterclaimed against the former chairman, his wife, and her horse farm, which the company claims is the repository of ill-gotten gains, in [...]
Real Estate – Property Owners Association – Special Assessments
By Deborah Elkins
Published: September 8, 2008
A Charlottesville U.S. District Court rejects claims of racketeering and extortion against the Dogwood Valley Citizens’ Association; even though the group had no authority to make special assessments, it “simply tried to collect the monies necessary to maintain the roads and common areas as required by the deeds of declaration and the DVCA bylaws.”
Plaintiffs own [...]
Attorneys – Legal Malpractice – Default Judgment – N.C. Law
By Deborah Elkins
Published: September 8, 2008
Defendant lawyer who failed to file an answer in a lawsuit asserting multiple tort claims against plaintiff clients arising from a sale of inventory from the clients’ company, United American Company, to United Leasing Company, committed malpractice in failing to timely answer the suit or perfect an appeal, and a Richmond U.S. District Court holds [...]
Intellectual Property – Copyright Infringement – Townhouse Plans
By Deborah Elkins
Published: September 8, 2008
In an architect’s copyright suit against a developer who allegedly removed the copyright notice from plaintiff’s architectural plans for a townhouse development and copied the plans after refusing to pay the architect’s requested price for plan modifications, a Richmond U.S. District Court grants summary judgment to the architect on the copyright infringement claim, but not [...]
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