Judge James P. Jones | Virginia Lawyers Weekly

Specific Performance Suit Dismissed

By Deborah Elkins
Published: May 24, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

An Abingdon U.S. District Court dismisses this suit seeking specific performance of a real estate purchase contract, because the complaint fails to allege that non-binding mediation, a condition precedent to the suit, has occurred or been waived.
The agreement requires the parties to submit any dispute or claims arising out of the agreement to non-binding mediation [...]

$3.5M Win in RICO Kickback Scheme

By Deborah Elkins
Published: April 18, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

In this suit by plaintiff investors in a wood products business against their business manager’s alleged kickback scheme using inflated invoices for equipment, the Abingdon U.S. District Court concludes after a bench trial that defendants violated RICO and Virginia’s business conspiracy law and are liable for treble damages of $3.5 million and attorney’s fees.
This case [...]

Genetic Nondiscrimination Claim Fails

By Deborah Elkins
Published: April 13, 2012
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District

A 50-year-old man who alleges he was terminated by his company’s new owners and replaced by a younger employee may sue for age discrimination, but he does not state a claim under the Genetic Information Nondiscrimination Act based on allegations that employer fired him shortly after learning defendant’s wife had multiple sclerosis, says the Abingdon [...]

Court Denies Costs for Defense Win

By Deborah Elkins
Published: April 6, 2012
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

In this unsuccessful products liability suit against the manufacturer of a child safety seat, the Abingdon U.S. District Court exercises its discretion to deny defendant’s request for costs under Fed. R. Civ. P. 54(d)(1).
Defendant seeks $51,237, representing court reporter fees and fees for subpoenas, printing and photocopies, among other things. Plaintiff makes specific objections to [...]

Union Member Claims Free Speech

By Deborah Elkins
Published: April 6, 2012
Tags: Judge James P. Jones, Labor, U.S. District Court - Western District

A union member who claims she became the target for harassment and retaliation by union and company officials after she reported to regional union officials that the local union president and vice president were observed viewing pornographic images on a union computer in the union office has not stated a claim under the Labor Management [...]

Discovery Sanction Fee Award Increased

By Deborah Elkins
Published: April 2, 2012
Tags: Civil Procedure, Judge James P. Jones, U.S. District Court - Western District

Although a magistrate judge recommended awarding this products liability plaintiff costs and attorney’s fees of $24,216 for defendant’s failure to disclose documents showing defendant considered adding foam to the side wings of the car seat in question, the Abingdon U.S. District Court says plaintiff is entitled to additional costs and fees of $45,671.
At a hearing [...]

No New Trial in Car-Seat Case

By Deborah Elkins
Published: April 2, 2012
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

In this products liability suit filed by the family of a young girl who suffered permanent brain injury and who alleged the child struck her head on the front edge of defectively designed car seat, the Abingdon U.S. District Court denies plaintiff’s motion for a new trial after the jury delivered a verdict for defendant.
Plaintiff [...]

Gun ‘Use’ Conviction Stands

By Deborah Elkins
Published: April 2, 2012
Tags: Criminal, Judge James P. Jones, U.S. District Court - Western District

A defendant convicted in 1998 of using a firearm in violation of 18 U.S.C. § 924(c)(1)(A) for taking a firearm in payment for a drug debt cannot overturn that conviction with his petition citing a 2007 U.S. Supreme Court case that said bartering drugs for a gun is not unlawful under the statute; the Roanoke [...]

Defense offer to swap costs for appeal is OK

By Paul Fletcher
Published: February 16, 2012
Tags: Judge James P. Jones, Personal Injury, U.S. District Court - Western District

A defense offer to forego a request for costs from a losing plaintiff in exchange for not filing an appeal is an acceptable practice, according to a federal judge in Abingdon.
U.S. District Judge James P. Jones ruled that the family of a badly injured girl didn’t have to pay more than $50,000 in court [...]

Employee Reinstated Despite ‘Zero Tolerance’

By Deborah Elkins
Published: February 7, 2012
Tags: Judge James P. Jones, Labor, U.S. District Court - Western District

A Big Stone Gap U.S. District Court upholds an arbitrator’s decision that an employee who had worked in the coal industry for 32 years with no history of drug use could be reinstated to his job performing electrical and mechanical repair after a random drug screen showed marijuana, which the employee admitted he had “toked” [...]

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