Expert Standards and Spoliation

Supermarket Slip & Fall Goes to Trial

By Deborah Elkins
Published: March 28, 2012
Tags: Judge James R. Spencer, Negligence, U.S. District Court - Eastern District

Although a wine distributor’s employee who was restocking merchandise at a Kroger store moved to mop up a spill from a broken wine bottle and place a yellow cone near the spill, the Richmond U.S. District Court denies summary judgment to defendant Kroger in this negligence action by a woman who slipped and fell, injuring [...]

No Title VII Claim Against ‘Severe’ Principal

By Deborah Elkins
Published: March 21, 2012
Tags: Employment Discrimination, Judge James R. Spencer, U.S. District Court - Eastern District

A school board wins summary judgment in a Title VII gender discrimination suit filed by two female staff members at an elementary school who complained about the strict management style of a male new principal, but failed to link their complaints to any gender discrimination. Plaintiffs’ evidence is insufficient to show the principal’s conduct was [...]

CD Ban Violates Inmate Rights

By Deborah Elkins
Published: February 16, 2012
Tags: Civil Rights, Judge James R. Spencer, U.S. District Court - Eastern District

A Virginia correctional policy that prohibits prison inmates from purchasing or possessing secular spoken-word compact discs is unconstitutional, as it is not justified by security concerns and violates the First Amendment rights of an inmate whose friend wants to send him a CD of Welsh poet Dylan Thomas reading his poetry; the Richmond U.S. District [...]

No Bank Challenge for Attorney Fee Lien

By Deborah Elkins
Published: January 26, 2012
Tags: Creditor’s Rights, Judge James R. Spencer, U.S. District Court - Eastern District

A Richmond U.S. District Court Magistrate Judge recommends denial of plaintiff motel’s request for appointment of its own counsel as a “special master”’ with authority to endorse a settlement check on behalf of Aurora Bank, and that no further action be taken with respect to the dispute over the settlement funds. Plaintiff bank initiated this [...]

Foreign Judgment Enforceable in Va. Court

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

A Richmond U.S. District Court says a British developer of computer and video games may enforce a judgment from a United Kingdom court finding a breach of a settlement agreement by defendant Virginia company that agreed to distribute the British company’s video game and then failed to pay plaintiff company. Plaintiff Codemasters Group Holdings Ltd. [...]

Law Firm Must Discuss Malpractice Policy

By Deborah Elkins
Published: November 30, 2011
Tags: Consumer Protection, Judge James R. Spencer, U.S. District Court - Eastern District

In a pro se plaintiff’s suit under the Fair Debt Collection Practices Act, a Richmond U.S. District Court denies plaintiff’s motion to quash defendant’s subpoena to testify and produce documents related to plaintiff’s relationship with a law firm whose malpractice policy may provide a source to satisfy defendant’s judgment against the plaintiff. After granting summary [...]

Defendant Gets Fees in Frivolous Case

By Deborah Elkins
Published: November 30, 2011
Tags: Consumer Protection, Judge James R. Spencer, U.S. District Court - Eastern District

A Richmond U.S. District Court grants defendants’ motions for attorney’s fees in this suit by a borrower who sued under the Fair Debt Collection Practices Act, which the court finds was brought in bad faith and to harass, in violation of 15 U.S.C. § 1692k(a)(3). Defendant EVB seeks attorney’s fees in the amount of $23,658. [...]

No Defamation for ‘Misconduct’ Firing

By Deborah Elkins
Published: November 28, 2011
Tags: Judge James R. Spencer, Tort, U.S. District Court - Eastern District

A nurse supervisor terminated from her position supervising a telephone call-in line for health plan subscribers loses her suit alleging she was defamed when her employer stated in her employment records that she had been terminated for misconduct with regard to her representations about being cursed by an employee she supervised. Here, there is no [...]

Ambulance Company Loses Medicaid Case

By Deborah Elkins
Published: November 21, 2011
Tags: Civil Procedure, Judge James R. Spencer, U.S. District Court - Eastern District

On remand in Healthkeepers Inc. v. Richmond Ambulance Authority, No. 10-1508, VLW 011-2-083 (4th Cir Apr. 25, 2011), the Richmond U.S. District Court denies ambulance company’s Rule 59(e) motion to set aside summary judgment for Healthkeepers’ Medicaid program; the 4th Circuit’s opinion is clear that it relates only to emergency services and any litigation over [...]