Damages Sought for Windmill Blade

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 [...]

Jury Can Hear Racial Harassment Claims

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

In this suit by four African-American males who allege repeated instances of racial harassment by supervisory and nonsupervisory personnel at defendant JTEKT Automotive Virginia’s Daleville plant, the Roanoke U.S. District Court grants employer summary judgment on several of the individual plaintiffs’ promotion or job-loss claims, but says there are jury issues on plaintiffs’ claim for [...]

No Claim from Lack of Job Notice

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

A blind community action specialist who, due to loss of funding, was laid off from his job with a nonprofit organization that serves the disabled, has not stated a claim for employment discrimination under the Rehabilitation Act of 1973 with allegations that the organization failed to notify him and recall/hire him for a new position [...]

Builder May Try to Reopen Case

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

A Roanoke U.S. District Court says a couple who operated a home-building company and who received a Chapter 7 bankruptcy discharge after they allegedly were told they had no insurance coverage or other protection for losses from a dishonest employee have their suit against their former CGL carrier stayed so they may ask the bankruptcy [...]

Service on Office Receptionist No Good

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

A company suing over delivery of a damaged product it purchased has its suit dismissed for inadequate service of process, made on the receptionist of the professional office building that housed defendant seller’s authorized agent; the Roanoke U.S. District Court rejects defendant’s claim that seller’s prompt hiring of local counsel to challenge service shows the [...]

Male Firefighter Alleges Disparate Discipline

By Deborah Elkins
Published: August 16, 2012
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

A Roanoke U.S. District Court grants defendant city summary judgment on a male firefighter’s claim the city violated Title VII when it subjected him to disparate discipline on the basis of gender related to his alleged romantic relationships with two female employees. Plaintiff asserts that certain statements made by the fire chief, in the course [...]

Store Met Duty With Mop-Up, Warning

By Deborah Elkins
Published: August 9, 2012
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

Although a Kroger employee’s testimony and video evidence showed Kroger had actual and/or constructive notice of a spill on the floor near where plaintiff fell, a Roanoke U.S. District Court grants summary judgment to Kroger because it met its duty of ordinary care by having the employee mop the area and place a large warning [...]

Plaintiff Can Try ‘Black Ice’ Claim

By Deborah Elkins
Published: August 2, 2012
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

Whether “black ice” at the entrance to a Hardee’s restaurant was open and obvious is in dispute, and a Roanoke U.S. District Court says weather data, testimony by plaintiff’s wife, the manager and another witness create a question for the jury. It is well established that a business owner has no duty to remove ice [...]