Markman Hearing for Coal-Mining Patent

Court Limits Scope of Forfeiture

By Deborah Elkins
Published: September 17, 2012
Tags: Criminal, Judge James P. Jones, U.S. District Court - Western District

After deciding the government was entitled to forfeiture of an equitable lien held by a third-party claimant in this ancillary proceeding, an Abingdon U.S. District Court says it will allow the government the benefit of any further appreciation in the property subject to the lien, but declines to award the government the entire 26-acre tract [...]

Service on AG for State Officials Not Proper

By Deborah Elkins
Published: September 17, 2012
Tags: Civil Procedure, Judge James P. Jones, U.S. District Court - Western District

An Abingdon U.S. District Court quashes service of process on defendants, the director of the Virginia Department of Mines, Minerals and Energy and the chairman of the Virginia Gas and Oil Board, as plaintiff served a copy of the summons and amended complaint on the Attorney General of Virginia, rather than serving defendants individually. It [...]

Fired Firefighter Claims Due Process Violation

By Deborah Elkins
Published: September 17, 2012
Tags: Employment, Judge James P. Jones, U.S. District Court - Western District

An Abingdon U.S. District Court says a city firefighter who alleges he was forced to resign is not entitled to grieve his termination under state law and the city wins summary judgment on that claim, but there are genuine issues of material fact regarding whether he voluntarily resigned and received an adequate pretermination hearing. It [...]

Former Youth Center Staff Wins FCA Share

By Deborah Elkins
Published: September 17, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

In the wake of defendant residential youth treatment center’s $6.85 million settlement of a False Claims Act suit alleging fraudulent records and Medicaid claims, an Abingdon U.S. District Court determines the three former employees who initially filed suit as relators are entitled to 20 percent of the recovery. The relators contend they should receive 24 [...]

Amended Complaint Allowed in Royalty Suit

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

A plaintiff suing defendant gas production company for royalty payments may file a second amended complaint that lists the production company as the only defendant; the Abingdon U.S. District Court says more limited relief may be granted on plaintiff’s claim that defendant improperly certified conflicting ownership to the state regulatory board, and coal owners still [...]

Gas Royalty Payment Suit Proceeds

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

Plaintiff owner and lessor of coalbed methane gas interests may sue defendant CNX Gas Company in a dispute over royalties, says an Abingdon U.S. District Court. Plaintiff contends the owners of the coal estate of the tracts in question do not have any property interests in the coalbed methane gas (CBM) that conflict with her [...]

Production Company Faces Royalty Payment Dispute

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

Plaintiff owner of coalbed methane gas interests and a deemed lessor under orders of the Virginia Gas and Oil Board may sue defendant CNX Gas Company in a dispute over royalties, says an Abingdon U.S. District Court. The principal defendant is CNX, lessee and producer of the coalbed methane gas (CBM) allegedly owned by plaintiff. [...]

No Disability for ‘Pre-Existing’ Back Pain

By Deborah Elkins
Published: August 9, 2012
Tags: Employment, Judge James P. Jones, U.S. District Court - Western District

A plan administrator did not abuse its discretion in determining plaintiff’s lower back pain was a pre-existing condition rendering him ineligible for long-term disability benefits under an ERISA-qualified disability plan, says an Abingdon U.S. District Court. Plaintiff was employed as a Master HVAC Installer for Parrish Services Inc. and participated in an employee welfare benefit [...]

Principal Can Sue for Superintendent Harassment

By Deborah Elkins
Published: August 9, 2012
Tags: Employment Discrimination, Judge James P. Jones, U.S. District Court - Western District

A Big Stone Gap U.S. District Court says a female school principal has stated a valid hostile work environment claim based on allegations that she was sexually harassed by a male school superintendent the school board hired despite receiving information about his propensity for sexually inappropriate conduct directed against females. Plaintiff’s complaint sets forth that [...]