Jury Can Hear Racial Harassment Claims

Petitioner’s Death Did Not Require Extra Fee

By Deborah Elkins
Published: October 25, 2012
Tags: Bankruptcy, Judge Glen E. Conrad, U.S. District Court - Western District

A bankruptcy court did not err in denying counsel’s request for fees of $9,572 after petitioner wife died during pendency of the bankruptcy proceeding; the Charlottesville U.S. District Court affirms awarding additional fees above the “no look” fee of $2,750 for a total of $3,000 in attorney’s fees. In a chapter 13 case, a bankruptcy [...]

Default Set Aside in Loan Guaranty Suit

By Deborah Elkins
Published: October 25, 2012
Tags: Civil Procedure, Judge Glen E. Conrad, U.S. District Court - Western District

A Roanoke U.S. District Court grants defendants’ motion to set aside default judgment in a suit filed by plaintiff company to recover the balance of a loan that defendants had guaranteed on behalf of Lehman Brothers Bank FSB. Applying the factors of Payne v. Brake, 439 F.3d 198 (4th Cir. 2006), the court concludes that [...]

Pallet May Not Be ‘Open and Obvious’

By Deborah Elkins
Published: October 15, 2012
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

A woman who tripped over a pallet that supported a doughnut display can try her negligence claim against defendant store; a Charlottesville U.S. District Court denies the store’s summary judgment motion claiming the hazard was open and obvious. Each of the cases cited by defendant to support a theory of contributory negligence has significant distinguishing [...]

Canadian Weapons Company Can Be Sued in Va.

By Deborah Elkins
Published: September 27, 2012
Tags: Civil Procedure, Judge Glen E. Conrad, U.S. District Court - Western District

A Charlottesville U.S. District Court denies defendant Canadian corporation’s motion to dismiss this patent infringement case for lack of personal jurisdiction, based primarily on defendant’s targeted solicitation of Virginia-based customers and the extent to which it has increasingly profited from participating in the state’s market for military equipment. Plaintiff Ashbury International Group Inc. is a [...]

Claimant’s Doc Said He Could Work

By Deborah Elkins
Published: September 27, 2012
Tags: Employment, Judge Glen E. Conrad, U.S. District Court - Western District

An employee benefits plan administrator did not abuse its discretion in denying long-term disability benefits to plaintiff, a former Director of Events, under a Hilton Hotels Corporation group plan for his claim based on a primary diagnosis of sarcoidosis/hypertension and diagnoses of lumbar disc disease and anxiety headaches; in this case, plaintiff’s own physician has [...]

Escrow Contract Claims Dismissed for Dam Project

By Deborah Elkins
Published: September 10, 2012
Tags: Insurance, 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 dismisses defendant water authority’s breach of contract and fiduciary duty claims against the bank that served as escrow agent, except for a claim alleging the bank had actual knowledge that checks drawn by the authority, [...]

Privilege Protects Client Documents

By Deborah Elkins
Published: September 10, 2012
Tags: Contract, Judge Glen E. Conrad, U.S. District Court - Western District

In anticipation of the scheduled date for the third retrial of this case alleging discrimination against a minority contractor, a Danville U.S. District Court rules on pretrial motions, including denying plaintiff’s motion to compel production of documents protected by the attorney-client privilege. This case stems from work on Phase 4 of the Blaine Square Hope [...]

Hearing Ordered on Penalty-Advice Claim

By Deborah Elkins
Published: September 10, 2012
Tags: Criminal, Judge Glen E. Conrad, U.S. District Court - Western District

A Roanoke U.S. District Court dismisses defendant’s claims of constitutionally ineffective assistance of trial counsel when he pleaded guilty to heroin and firearm charges, except for a claim that trial counsel was ineffective in failing to object to the trial court’s alleged violation of Rule 11(b)(1)(I) in advising him about a mandatory minimum penalty, which [...]

First Payment Failure Breached Contract

By Deborah Elkins
Published: August 17, 2012
Tags: Contract, Judge Glen E. Conrad, U.S. District Court - Western District

A plaintiff who claims defendant insurance company breached a variable annuity contract by failing to make scheduled monthly payments has his suit dismissed because the Charlottesville U.S. District Court says the suit is time-barred, despite plaintiff’s claim that each missed payment was a new breach. According to the complaint, plaintiff alleges he was married to [...]