Contractor Has Standing for Title VI Claim

Slip & Fall Goes Out on Contrib

By Deborah Elkins
Published: February 16, 2012
Tags: Judge Jackson L. Kiser, Negligence, U.S. District Court - Western District

A woman who broke her ankle when she slipped on a puddle of water at the entrance to a Hardee’s restaurant loses her negligence action on summary judgment; the Danville U.S. District Court says she produced no evidence the restaurant had constructive notice of the puddle and plaintiff’s two coworkers, with whom she was riding [...]

Fraudulently Joined Restaurant Manager Dismissed

By Deborah Elkins
Published: January 10, 2012
Tags: Judge Jackson L. Kiser, Premises Liability, U.S. District Court - Western District

A plaintiff who slipped and fell on water inside the entrance to a Hardee’s restaurant cannot sue the restaurant manager for negligence in putting down snow melt and warning cones outside and failing to keep water off the floor where plaintiff slipped; the Danville U.S. District Court dismisses the manager as a defendant and diversity [...]

No ADA Claim for Dyslexia ‘Perception’

By Deborah Elkins
Published: September 12, 2011
Tags: Employment Discrimination, Judge Jackson L. Kiser, U.S. District Court - Western District

A Danville U.S. District Court says a plaintiff who worked in a county communications center and alleged she was harassed and prevented from training as a dispatcher after she announced that she suffered from dyslexia loses her suit under the Americans with Disabilities Act. This case, like its predecessor under the Rehabilitation Act, is a [...]

Excavation Company Wins Equitable Adjustment

By Deborah Elkins
Published: August 30, 2011
Tags: Contract, Judge Jackson L. Kiser, U.S. District Court - Western District

A site excavation contract for a titanium manufacturing facility in a Henry County industrial park is ambiguous as to the “type” of soils and rocks that might require an equitable adjustment for payments to the excavation contractor, and a Danville U.S. District Court says the excavation company is entitled to an equitable adjustment of $1,087,266. [...]

Hospital Accommodated HIV-Positive Secretary

By Deborah Elkins
Published: August 30, 2011
Tags: Employment Discrimination, Judge Jackson L. Kiser, U.S. District Court - Western District

An HIV-positive secretary at Danville Regional Medical Center loses his failure-to-accommodate claim under the Americans With Disabilities Act because the hospital accommodated him with a modified schedule, as requested, during the period before he filed a claim with the EEOC; the Danville U.S. District Court also says plaintiff’s claims fail on the merits. For the [...]

Garnishment of Pa. Doc’s Wages Quashed

By Deborah Elkins
Published: August 4, 2011
Tags: Creditor's Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

A Danville U.S. District Court grants debtor doctor’s motion to quash a garnishment summons to pay creditor Virginia hospital a Pennsylvania resident doctor’s wages paid by an Ohio company; debtor’s wages are not located in Virginia and a garnishment summons issued by this court is ineffective to garnish them. An arbitration award ordered defendant debtor, [...]

‘Equitable adjustment’ sought for site and excavating work – $1,087,266 Verdict

By Virginia Lawyers Weekly
Published: August 1, 2011
Tags: Contract, Federal Courts, Judge Jackson L. Kiser, Million-Dollar Verdicts

Haymes Brothers, a site and excavating company, was the site contractor on a project for RTI International Metals Inc.’s construction of a new facility in Martinsville. The case involved a claim by Haymes Brothers for an “equitable adjustment” under the terms of the contract for encountering unknown conditions during the site excavation. RTI denied that [...]

Judge hits Sen. Marsh with contempt in federal court

By Peter Vieth
Published: May 18, 2011
Tags: Federal Courts, General Assembly, Judge Jackson L. Kiser

The chairman of the Virginia Senate Courts of Justice Committee has been held in civil contempt of court by a Danville federal judge. Sen. Henry L. Marsh III, D-Richmond, was cited for two violations of a scheduling order in a lawsuit where he represented a Danville police officer who was fired after shooting a dog. [...]

No Suit for Demands to Investigate Drug Death

By Deborah Elkins
Published: May 17, 2011
Tags: Civil Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

A Danville U.S. District Court dismisses a pro se plaintiff’s lawsuit against local, state and federal law enforcement authorities and a local law firm, all of whom allegedly failed to satisfy plaintiff’s many requests for help identifying the source of a Fentanyl patch that plaintiff’s son placed over his heart, causing his death. Insofar as [...]