Stone House Owners Want to Limit Quarrying 
By Deborah Elkins
Published: February 4, 2013
Tags: Judge James C. Turk, Real Estate, U.S. District Court - Western District
Plaintiffs who own an 18th century colonial “Stone House” on a 100-acre tract in Buchanan have stated a claim for a declaratory judgment in their lawsuit seeking to limit limestone quarrying on the property by the owner of the mineral rights, under multiple deeds dating from 1849; the Roanoke U.S. District Court denies the mineral [...]
No Hire Not Pretext for Religious Bias
By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge James C. Turk, U.S. District Court - Western District
A job applicant at Sam’s Club loses his suit alleging religious discrimination under Title VII allegedly based on his statement during an interview that his religion kept him from working on Sundays; the Roanoke U.S. District Court grants summary judgment to defendant. Based on the job interviewer’s statements to plaintiff in the interview, the court [...]
Missing coaster photos are not fatal to claim
By Deborah Elkins
Published: January 4, 2013
Tags: Federal Courts, Judge James C. Turk, Personal Injury
A patron who took a ride on the Rip Tide roller coaster may not use a spoliation claim to get a free ride in his suit alleging injuries from a coaster-car crash. The patron asked a Roanoke federal court to dismiss the coaster company’s counterclaim against him, which blamed his blow-away baseball cap for jamming [...]
No Legal Malpractice from Med-Mal Settlement
By Deborah Elkins
Published: December 18, 2012
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District
Although plaintiff blames defendant law firm that formerly represented him for an unsatisfactory settlement of his medical malpractice suit because the firm ultimately withdrew from representation after his first attorney left the firm, the Roanoke U.S. District Court dismisses plaintiff’s suit with prejudice, as plaintiff had adequate time to hire a new attorney. Plaintiff was [...]
Sub’s Quantum Meruit Claim Dismissed
By Deborah Elkins
Published: December 5, 2012
Tags: Contract, Judge James C. Turk, U.S. District Court - Western District
A subcontractor has stated a breach of contract claim against defendant government contractor who allegedly has failed to pay the sub $981,821 in payments received from the government, and the Roanoke U.S. District Court dismisses the sub’s claim for quantum meruit as irreconcilable with the contract claim. Plaintiff sub claims it has submitted invoices totaling [...]
Employee Dismissed for Workplace Incident
By Deborah Elkins
Published: December 5, 2012
Tags: Employment Discrimination, Judge James C. Turk, U.S. District Court - Western District
A 69-year-old plaintiff who had a heated argument with a 56-year-old coworker that threatened to erupt into violence cannot sue for age discrimination after both parties were fired by defendant auto parts company; the Roanoke U.S. District Court grants summary judgment to defendant employer. The court will assume arguendo that plaintiff can establish a prima [...]
‘A new standard of liability’ in Virginia?
By Peter Vieth
Published: November 9, 2012
Tags: Employment, Federal Courts, Judge James C. Turk, Justice Cleo E. Powell, Justice Cynthia D. Kinser, Justice Donald W. Lemons, Justice Elizabeth A. McClanahan, Justice LeRoy F. Millette Jr., Justice S. Bernard Goodwyn, Justice William C. Mims, Supreme Court of Virginia News
The Supreme Court of Virginia has opened the door to claims against individual supervisors who take part in the unlawful firing of an employee. The Nov. 1 decision in VanBuren v. Grubb (VLW 012-6-143), decided 4-3, is a victory for a nurse who claimed she was groped, propositioned and then fired by an orthopedic surgeon [...]
Coal Seller Can State Fraud Claim
By Deborah Elkins
Published: November 5, 2012
Tags: Judge James C. Turk, Tort, U.S. District Court - Western District
In this dispute over defendants’ follow-through on multi-million dollar contracts to buy plaintiff’s coal, a Roanoke U.S. District Court says plaintiff’s claim for fraud is supported by an allegation that defendant’s owner asserted he “had just returned from Asia and had contracts for delivery and therefore he could pay SCS for its coal product the [...]
No Venue Transfer Under Local Rules
By Deborah Elkins
Published: September 24, 2012
Tags: Civil Procedure, Judge James C. Turk, U.S. District Court - Western District
A contract dispute between a general contractor and a masonry subcontractor filed in Wythe County Circuit Court and removed to federal court will not be transferred by the Roanoke U.S. District Court to the Abingdon Division. Defendant seeks a change of venue. Abingdon is closer to defendant’s principal place of business and to Wytheville, where [...]
Transsexual Inmate Alleges Abuse
By Deborah Elkins
Published: September 24, 2012
Tags: Civil Rights, Judge James C. Turk, U.S. District Court - Western District
A Virginia inmate who is a pre-operative transsexual and who alleges she was sexually abused by a female prison guard at Powhatan Correctional Center has her claims against defendant correctional officials, except for the individual guard, dismissed by the Roanoke U.S. District Court. The court grants summary judgment on the ground of qualified immunity in [...]
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