Quantcast
Home (page 1122)

Author Archives: Deborah Elkins

Workers’ Comp – Arising Out Of – Truck Stair-Step Height (access required)

Medical evidence indicated that claimant truck driver’s ruptured quad tendon in his left leg occurred when he attempted to step up into a tractor-trailer cab, but claimant testified the 16-inch “slightly higher than normal” step created no unusual problem for ...

Read More »

Employment Discrimination – Sex – Disability – Latex Allergy (access required)

A Lynchburg U.S. District Court dismisses a discrimination suit filed by a woman who claims she was discharged by a nuclear operations company from her job in a clean and prep department, where she was the only female employee, after ...

Read More »

Employment Discrimination – Disability – Lifting Restriction (access required)

A magistrate judge for the Lynchburg U.S. District Court recommends denying defendant hospital’s motion for summary judgment and setting for jury trial a hospital cafeteria worker’s claim that defendants violated the Americans with Disabilities Act by failing to accommodate a ...

Read More »

Real Estate – Condemnation – Natural Gas Pipeline – Just Compensation (access required)

A pretrial order of the Charlottesville U.S. District Court established June 4, 2007, as the date defendant owners’ property was taken under plaintiff gas company’s condemnation of property for construction of two 24-inch natural gas transmission pipelines across properties in ...

Read More »

Delivery dispatcher wins noncompete suit (access required)

A world-wide delivery service lost an attempt to enforce a noncompete against a $30,000-a year dispatcher who jumped ship – from Lasership to Midnite Express. A Fairfax Circuit Court ruled Aug. 12 that the delivery service, Lasership Inc., could not ...

Read More »

Commercial – Floor-Plan Financing – Used Car Sales (access required)

A Danville U.S. District Court says plaintiff used car wholesaler has sufficiently stated claims against defendant bank for conversion and other business torts, with allegations that plaintiff relied on the bank’s representations that it would leave 11 vehicles plaintiff sent ...

Read More »

Criminal – Sentencing – Crack Cocaine – Guidelines Departure (access required)

Although the federal sentencing guidelines call for a sentence of 360 months to life for this crack cocaine defendant, a Charlottesville U.S. District Court imposes a sentence of 288 months imprisonment, because a sentence of 288 months would be within ...

Read More »

Contract – Trespass To Chattels – Tube Transport (access required)

Plaintiff company that hired defendant to transport tube bundles owned by plaintiff from Pennsylvania to Maryland, but allegedly suffered damages of $192,073 when one of the bundles fell off the truck , cannot recover under a theory of trespass to ...

Read More »

Civil Procedure – Removal – Forum Selection Clause – FMLA Leave (access required)

An employer whose forum selection clause specifies jurisdiction in Norfolk Circuit Court cannot remove to federal court an employee suit alleging violation of the Family Medical Leave Act, based on federal jurisdiction, and a Norfolk U.S. District Court magistrate judge ...

Read More »