Default Set Aside for Possible Defenses

Estate Has Products Liability Claim in Taser Death

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

A police officer responding to a domestic call involving a man who had kicked his son during a fight has qualified immunity from an excessive force claim filed by the estate of the man, who died after the officer used a taser aimed at the man’s chest; but the Charlottesville U.S. District Court says the [...]

Employer Says Male Had Better Interview

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

A state agency cannot win summary judgment in this sex discrimination case filed by a female engineer who lost out on a promotion when VDOT hired a less experienced male; an Abingdon U.S. District Court says VDOT’s “meager” and subjective explanation that the male performed better during an interview does not defeat plaintiff’s claim of [...]

Former Partner Has Claims for Fraud, Tortious Interference

By Deborah Elkins
Published: February 4, 2013
Tags: Judge Glen E. Conrad, Tort, U.S. District Court - Western District

A plaintiff who had a long-term romantic relationship and a business partnership with defendant, managing a Nelson County horse farm and breeding operation, can sue defendant for fraudulent inducement in obtaining her signature on a Second Agreement in which he allegedly said he was single although he had married a woman in Florida in 2007 [...]

Judge won’t block execution of inmate killer

By The Associated Press
Published: January 11, 2013
Tags: Criminal, Federal Courts, Judge Glen E. Conrad

ROANOKE (AP) — A federal judge refused Thursday to block next week’s execution of a Virginia man who strangled two inmates and vowed to keep killing unless he was put to death. U.S. District Judge Glen Conrad ruled against former attorneys for Robert Gleason Jr., 42, who claimed he was no longer competent to waive [...]

Cop is out of stun gun death case, maker must defend

By Peter Vieth
Published: January 9, 2013
Tags: Federal Courts, Judge Glen E. Conrad, Products Liability, Wrongful Death

A stun gun manufacturer faces a federal jury trial on claims it failed to provide sufficient warnings about the weapon’s risk for people with heart conditions. While allowing three claims against TASER International Inc. to go forward, a Charlottesville federal judge dismissed all claims against the officer who used a Taser gun to strike Daniel [...]

Inmate in court to argue for his prompt execution

By The Associated Press
Published: January 8, 2013
Tags: Criminal, Federal Courts, Judge Glen E. Conrad

(AP) — A condemned Virginia inmate who strangled two prisoners and vowed to keep killing unless given the death penalty is fighting his former attorneys for the right to be executed next week. A federal judge in Roanoke on Monday gave attorneys until Wednesday to present evidence on their claims that Robert Gleason Jr., 42, [...]

Forum Selection Clause Mandates Texas Transfer

By Deborah Elkins
Published: December 18, 2012
Tags: Civil Procedure, Judge Glen E. Conrad, U.S. District Court - Western District

A Charlottesville U.S. District Court orders a transfer of venue to the Southern District of Texas, Houston Division, in a construction company’s breach of contract suit against a Houston-based materials company over construction of a metal office building in Culpeper, Va. The contracts at issue were assigned to plaintiff Smart Choice Construction Inc., a building [...]

Court Finds Implied Right of Indemnification

By Deborah Elkins
Published: November 28, 2012
Tags: Contract, Judge Glen E. Conrad, U.S. District Court - Western District

In this dispute arising from a construction project at Falling Creek dam in Bedford County, a Roanoke U.S. District Court grants defendant Western Virginia Water Authority summary judgment against the contractor, as the court finds the parties had the kind of close contractual relationship that gives rise to an implied right of indemnification. The Authority [...]

No Costs for Deposition on Damages

By Deborah Elkins
Published: November 20, 2012
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

After granting defendant summary judgment in plaintiff’s Title VII suit alleging gender discrimination and retaliation, a Harrisonburg U.S. District Court grants defendant its costs, but deducts the cost of defendant’s deposition of plaintiff’s husband as it was relevant only to damages, which would not arise until after plaintiff won her suit on the merits. Costs [...]