Judge James P. Jones | Virginia Lawyers Weekly

Self-Funded Plan Wins Reimbursement

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

A grocery store manager who was seriously injured in an auto accident and settled his personal injury suit against the driver for $850,000 is ordered to reimburse his employer’s self-funded ERISA-qualified health care plan for $191,949 for his medical expenses, as the Abingdon U.S. District Court grants summary judgment for the plan.
Defendant manager opposes summary [...]

Coalbed Non-Owners Misjoined, Court Says

By Deborah Elkins
Published: January 10, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

In this proposed class action related to production and ownership of coalbed methane gas, the Abingdon U.S. District Court grants a motion to dismiss for misjoinder as to defendants Buckhorn Coal Company and Harrison-Wyatt LLC, but denies the motion as to defendant ACIN LLC.
Though the three defendants have moved together for dismissal for misjoinder of [...]

Coalbed Methane Gas Contract Claims Advance

By Deborah Elkins
Published: January 10, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

In this proposed class action related to production and ownership of coalbed methane gas, the Abingdon U.S. District Court says plaintiff may sue for breach of contract based on lease agreements in voluntary pools and alleged improper calculation and payment of royalties, but dismisses plaintiff’s contract claim to the extent it’s based on the assertion [...]

Jury finds for car-seat maker in high-profile Abingdon case

By Peter Vieth
Published: November 17, 2011
Tags: Federal Courts, Judge James P. Jones, Judge Pamela Meade Sargent, Million-Dollar Defense Verdicts, Personal Injury

An Abingdon federal jury last week rejected claims that a $50 child car seat was defective, closing the door on a $50-million claim for damages for an 8-year-old girl who suffered devastating brain damage in a 2009 auto accident.
The jury deliberated about six hours before returning a defense verdict last Monday.
Lawyers for Samantha Musick argued [...]

Fees Awarded In Coal Contract Case

By Deborah Elkins
Published: November 3, 2011
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

After plaintiff won $4.1 million in its suit for damages on a coal supply contract with defendant Concept Mining Inc., the Abingdon U.S. District Court awards plaintiff $299,644 in prejudgment interest, attorney’s fees and disbursements of $196,626.77; expert witness fees of $46,600.41; and other witness travel expenses of $4,647; for a total of $547,518.19.
Defendant disputes [...]

Court Dismisses Suit by School Athletes

By Deborah Elkins
Published: November 3, 2011
Tags: Civil Rights, Judge James P. Jones, U.S. District Court - Western District

A Big Stone Gap U.S. District Court dismisses a suit challenging a policy of defendant Virginia High School League Inc. that made certain students who were transferred under a school consolidation plan ineligible for interscholastic sports competition.
VHSL’s conduct is considered state action and constitutional standards apply. Plaintiffs’ 14th Amendment claims are grounded in the argument [...]

Car-Seat Discovery Sanction Upheld

By Deborah Elkins
Published: November 3, 2011
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

An Abingdon U.S. District Court upholds the magistrate judge’s discovery sanction that precludes defendant car-seat manufacturer from offering evidence as to why it chose not to add foam to the head-area side wings of the child car seat that is the alleged defective product in this personal injury case.
After review of the magistrate judge’s memorandum [...]

Defendant Can Contact Proposed Class

By Deborah Elkins
Published: November 3, 2011
Tags: Civil Procedure, Judge James P. Jones, U.S. District Court - Western District

An Abingdon U.S. District Court vacates a magistrate judge’s order restricting defendant’s communication with members of a proposed class in this suit by surface landowners against owners of the coal estate in the land, over ownership of coalbed methane.
Many landowners in Virginia sold ether interests in the coal on their property long ago. Ownership of [...]

No Spoliation Dismissal for Destroyed Van

By Deborah Elkins
Published: October 27, 2011
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

In this product liability suit alleging a defective car seat manufactured by defendant gave rise to a five-year-old child’s brain injury from an auto accident, the Abingdon U.S. District Court denies the manufacturer’s request to dismiss the suit due to spoliation of evidence because the vehicle in which the child was a passenger was allowed [...]

Officer Assault Yields ‘Career Offender’ Sentence

By Deborah Elkins
Published: October 27, 2011
Tags: Criminal, Judge James P. Jones, U.S. District Court - Western District

A defendant’s prior Virginia conviction for assault and battery on a police officer was a “crime of violence” that supports a sentencing enhancement for “career offender” status under federal sentencing guidelines, and the Big Stone Gap U.S. District Court overrules defendant’s objection to the enhancement of his sentence on drug and firearm convictions.
Defendant admits he [...]

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