Expert Must Review Reports to Testify

Misstated Arrearage States Claim for Breach

By Deborah Elkins
Published: June 11, 2013
Tags: Judge Glen E. Conrad, Real Estate, U.S. District Court - Western District

A plaintiff who lost her home to foreclosure states a claim for breach of the note and deed of trust based on her allegation that defendant’s pre-acceleration notice misstated her arrearage, preventing her from bringing her mortgage loan current and avoiding foreclosure; but the Roanoke U.S. District Court dismisses plaintiff’s remaining claims. In count I, [...]

Carrier Must Defend Suit Against Sub

By Deborah Elkins
Published: June 11, 2013
Tags: Insurance, Judge Glen E. Conrad, U.S. District Court - Western District

A CGL carrier has a duty to defend a subcontractor in a suit alleging the sub provided a defective product that caused physical damage to other property, that the plaintiff contractor had to repair, as this is a sufficient allegations to support the possibility of an “occurrence” under the relevant CGL policies, says an Abingdon [...]

Bank Employee’s Age-Bias Claim Advances

By Deborah Elkins
Published: June 6, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

A bank branch manager fired at age 68 has shown a genuine dispute over whether her age was the “but for” cause of her termination, and the Roanoke U.S. District Court denies the bank’s motion for summary judgment. Plaintiff was first hired by the bank in 2000 and continued in her role as branch manager [...]

Analogue Act Upheld for ‘Bath Salts’ Sale

By Deborah Elkins
Published: May 15, 2013
Tags: Criminal, Judge Glen E. Conrad, U.S. District Court - Western District

A defendant cannot win judgment of acquittal after a jury verdict finding him guilty of conspiracy and distribution of “bath salts” – controlled substance analogues for human consumption – in violation of the Controlled Substance Analogue Enforcement Act of 1986; the Charlottesville U.S. District Court rejects defendant’s challenges to 1) the constitutionality of the Analogue [...]

Contract Assignee May Sue for Breach

By Deborah Elkins
Published: May 3, 2013
Tags: Contract, Judge Glen E. Conrad, U.S. District Court - Western District

A Charlottesville U.S. District Court says plaintiff building contractor, who was assigned a contract for construction of an office for an auto body shop in Culpeper, may sue defendant North Carolina company, for breach of contract based on alleged faulty workmanship that resulted in water damage and mold problems that required the contractor to compensate [...]

TASER Expert’s Testimony Limited

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Glen E. Conrad, Products Liability, U.S. District Court - Western District

In this case against a stun gun manufacturer for allegedly failing to provide sufficient warnings about the weapon’s risk for people with heart conditions, a Charlottesville U.S. District Court says earlier limitations it placed on testimony by plaintiff’s expert about TASER’s instructional warnings are not fatal to plaintiff’s case, and defendant’s motion for summary judgment [...]

Pay-Raise Denial States Race Bias Claim

By Deborah Elkins
Published: April 16, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Eastern District

A Big Stone Gap U.S. District Court says plaintiff VDOT employee has stated a Title VII race discrimination claim based on allegations that he was denied a pay raise because of his status as a Caucasian, but the court dismisses plaintiff’s claim of discriminatory discipline because the comparator he cites is an African-American manager that [...]

Employee Has Claim for Sexual Assault by Coworker

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

A woman who alleges she was sexually assaulted in the company parking lot by a coworker who had not been identified as a registered sex offender by an employer background check may sue defendant employer, staffing agency and security company for assault and battery, negligent hiring and negligent retention, as these claims are not barred [...]

Federal Pleading Standard Controls Pleadings

By Deborah Elkins
Published: March 14, 2013
Tags: Contract, Judge Glen E. Conrad, U.S. District Court - Western District

A contractor has adequately alleged compliance with conditions precedent in its pleadings suing defendant public authority for breach of two contracts for sewer system upgrades, and the Charlottesville U.S. District Court denies the authority’s motion to dismiss. In 2009, defendant Rivanna Water & Sewer Authority Inc. solicited bids from contractors for the Meadow Creek Sanitary [...]