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Tag Archives: Judge James C. Turk

No ‘Twombly’ Standard for State Law Claim (access required)

A communications company’s contract action against Comcast and nine related corporate entities is remanded from federal to state court, as a Roanoke U.S. District Court says plaintiff’s Virginia state law claim against a Virginia resident defendant was properly pled under ...

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Foot surgery case reinstated on fraud claim against podiatrist (access required)

A $2.35-million lawsuit over failed foot surgery, rejected by a Roanoke federal judge as an artful attempt to evade the statute of limitations, is alive again after an appeals court panel took a sharply different view of claims that a ...

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Virginia Tech Fundraisers Can Pursue Discrimination Claims (access required)

Female fundraisers at Virginia Tech may pursue their Equal Pay Act and Title VII discrimination claims against VT, says a Roanoke U.S. District Court, in light of their proffer of male comparators to support allegations of pay inequity, and evidence ...

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Employment Discrimination – Sexual Harassment – Employer Liability – Faragher-Ellerth Defense (access required)

A woman who alleges her male co-worker at a packaging plant sexually harassed her by using threats of firing or disciplinary action if she refused to have sex with him, cannot recover from the employer; a Roanoke U.S. District Court ...

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Employment Discrimination – Age – Failure To Promote – Computer Resume Screening (access required)

An IT specialist who alleged he was not promoted twice because of age discrimination, and retaliated against after he filed his first age discrimination complaint, loses his ADEA case in the Roanoke U.S. District Court; the specialist did not show ...

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Criminal – Intimidation & Threats – Internet Threats (access required)

A Roanoke U.S. District Court upholds a defendant’s convictions for making threatening statements to two persons in violation of 18 U.S.C. § 875(c), and intimidating African-American tenants with intent to influence testimony in an official proceeding, in violation of 18 ...

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Civil Rights – Prison Inmate – Reading Material – Censorship Policy (access required)

A Roanoke U.S. District Court says the Virginia Department of Corrections’ Operating Policy 803.2 is facially unconstitutional and may not be enforced in its current form, which prompted defendant correctional officials to allow Playboy magazine, but to remove from the ...

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