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Tag Archives: Judge James C. Turk

Employment Discrimination – Disability – ADA – Schedule Accommodation (access required)

An employer wins summary judgment in a 56-year-old maintenance engineer’s action alleging the employer’s failure to accommodate his heart disease and chronic leukemia with a change in his factory shift schedule violated the Americans with Disabilities Act; the Roanoke U.S. ...

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Employment Discrimination – Equal Pay Act – University Development Office (access required)

In this suit by female employees of the university development office at Virginia Tech, alleging violations of the Equal Pay Act and Title VII gender discrimination and sexual harassment claims, the Roanoke U.S. District Court dismisses Title VII claims of ...

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Medical Malpractice – FTCA – Surgical Sponge – VA Patient – Aneurysm (access required)

Defendant Veterans Administration medical personnel were negligent in leaving a sponge inside decedent after his surgery for an abdominal aortic aneurysm, but a Roanoke U.S. District Court resolves this battle of the experts in favor of defendants, and holds that ...

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Criminal – Threatening Communications – Intimidation – First Amendment (access required)

A Roanoke U.S. District Court grants the activist defendant’s motion for acquittal as to one count of making threatening communications to a civil rights lawyer; jury findings of guilt are allowed to stand on two other charges of making threatening ...

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Criminal – Habeas Corpus – Ineffective Assistance – Counseling Record Subpoena (access required)

A defendant cannot overturn his conviction on multiple sex offenses with a claim that his lawyer provided constitutionally ineffective assistance of counsel because he failed to properly request the victim’s counseling records in the manner prescribed in Va. Code § ...

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Insurance – Auto Liability – College Admissions Officer – Underage Girlfriend (access required)

Although a college admissions officer for the University of Vermont may have had consent for limited weekend personal use of a vehicle he rented for a college recruiting trip to New Jersey, he clearly was acting outside the scope of ...

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