Judge Jackson L. Kiser | Virginia Lawyers Weekly

Funeral Home Employee’s Pay Suit Dismissed

By Deborah Elkins
Published: April 21, 2011
Tags: Employment, Judge Jackson L. Kiser, U.S. District Court - Western District

A funeral home employee who alleges she was required to volunteer her time in community service to generate business for her employer, to respond to calls after hours and to work through or be interrupted during their scheduled meal breaks, has her suit for additional pay dismissed by the Danville U.S. District Court, without leave [...]

Workplace Fight Grounds for Discharge

By Deborah Elkins
Published: April 21, 2011
Tags: Employment Discrimination, Judge Jackson L. Kiser, U.S. District Court - Western District

An African-American hair stylist at a Danville salon does not have a prima facie claim for disparate treatment under Title VII with her bare assertion that the white stylist with whom she had a physical altercation on the job was not also terminated, but was transferred to or hired by another of defendant’s salons; the [...]

Car Photographer’s Claim Not Barred by Comp

By Deborah Elkins
Published: April 21, 2011
Tags: Judge Jackson L. Kiser, Negligence, U.S. District Court - Western District

A photographer for Trader Publishing who regularly worked at defendant Danville Toyota, taking and posting online photos of defendant’s cars for sale, can sue the car dealership for her injuries from allegedly stepping into a grass-covered drainpipe hole; a Danville U.S. District Court says the dealership was not plaintiff’s statutory employer and her negligence claim [...]

Danville federal jury awards minority contractor $3.17M

By Alan Cooper
Published: April 11, 2011
Tags: Civil Rights, Federal Courts, Judge Jackson L. Kiser

A jury in federal court in Danville awarded $3.17 million in damages to a construction company on a Title VI claim against the Danville Redevelopment and Housing Authority. The authority said it removed Carnell Construction Company from a project because 80 percent of the grades it prepared for a construction site were wrong. The company’s [...]

Creditor Controlled Costs, Gets Fee Award

By Deborah Elkins
Published: March 17, 2011
Tags: Creditor's Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

In a suit in which the Danville U.S. District Court already granted summary judgment to plaintiff lender on the issue of liability, the court enters judgment for $400,043.94, plus per diem interest of $51.67 and awards attorney’s fees of $22,100.26, as plaintiff took particular care to keep costs under control by engaging local counsel and [...]

Tobacco manufacturer says distributor didn’t pay its bills – $5,257,644 Verdict

By Virginia Lawyers Weekly
Published: January 17, 2011
Tags: Contract, Federal Courts, Judge Jackson L. Kiser, Million-Dollar Verdicts

The plaintiff Virginia Brands is a cigarette manufacturer and produced cigarettes for the defendant Kingston Tobacco under a contract in which Kingston Tobacco agreed to pay for the cigarettes and associated regulatory charges incurred by Virginia Brands. After Kingston Tobacco’s outstanding balance became delinquent, Virginia Brands terminated the parties’ agreement in January 2010 and filed [...]

Contract – Cigarette Manufacture – Tobacco Master Settlement

By Deborah Elkins
Published: December 30, 2010
Tags: Contract, Judge Jackson L. Kiser, U.S. District Court - Western District

A Danville U.S. District Court awards $5.25 million to a Virginia cigarette company against a North Carolina company on the Virginia company’s contract to distribute “Kingston” brand cigarettes manufactured by the Virginia company. The manufacturing stipulated in the contract implicates the 1998 Tobacco Master Settlement Agreement. The parties do not contest the per carton amount [...]

Creditor’s Rights – Promissory Note – Default – Guarantor Liability

By Deborah Elkins
Published: November 23, 2010
Tags: Creditor's Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

A creditor on a promissory note is not obliged to sue the guarantor on the note first, and a Danville U.S. District Court enters judgment for plaintiff creditor, as defendant maker of the note admits he is in default and owes money to the creditor; but there is a factual dispute as to the amount [...]

Bankruptcy – Lien Avoidance – Notice To Creditor – Homestead Exemption

By Deborah Elkins
Published: November 23, 2010
Tags: Bankruptcy, Judge Jackson L. Kiser, U.S. District Court - Western District

A Danville U.S. District Court reverses a bankruptcy court’s denial of debtor’s motion to avoid a judgment lien of Beneficial and Beneficial Discount Company on debtors’ Danville real estate, as Beneficial “silently stood by without so much as a scintilla of efforts to protect their lien on debtors’ properties,” despite many kinds of notice. At [...]

Civil Rights – Investigatory Stop – Qualified Immunity

By Deborah Elkins
Published: November 23, 2010
Tags: Civil Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

A plaintiff suing for a violation of his Fourth Amendment rights contends a police officer who stopped him to ask for identification held plaintiff’s driver’s license longer than necessary to check for outstanding warrants, but a Danville U.S. District Court says that’s not a Fourth Amendment violation in the 4th Circuit, and dismisses plaintiff’s suit. [...]

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