No Bank Suit After Bankruptcy

Court May Restrain Substitute Assets for Forfeiture

By Deborah Elkins
Published: February 12, 2013
Tags: Criminal, Judge Michael F. Urbanski, U.S. District Court - Western District

A Harrisonburg U.S. District Court denies a motion for release from forfeiture of $20.9 million in assets of a defendant charged with contraband cigarette trafficking and money laundering; the court says probable cause supports the forfeiture, the 4th Circuit authorizes pretrial restraint of substitute assets subject to forfeiture and defendant’s lawyer has been paid sufficient [...]

Medical record nondisclosure leads to dismissal

By Deborah Elkins
Published: December 7, 2012
Tags: Federal Courts, Judge Michael F. Urbanski, Personal Injury

A personal-injury plaintiff lost his right to sue a truck driver when he failed to disclose an extensive medical history of treatment for chronic pain. Timothy Call alleged he was injured when he drove over a drive shaft that had just fallen off a truck driven by Nathan Harrison Jr. for Williamson Distributors Inc., on [...]

No ADA Claim After Hand Injury

By Deborah Elkins
Published: December 5, 2012
Tags: Employment Discrimination, Judge Michael F. Urbanski, U.S. District Court - Western District

A Harrisonburg U.S. District Court dismisses plaintiff’s suit alleging her former employer discriminated against her by forcing her off its property because she could not perform her job due to medical work restrictions after she allegedly injured her hand on the job; a finding that plaintiff receives social security disability benefits works against her claim [...]

P.I. Suit Tossed for Undisclosed Medical History

By Deborah Elkins
Published: December 5, 2012
Tags: Judge Michael F. Urbanski, Negligence, U.S. District Court - Western District

A Harrisonburg U.S. District Court says it will sanction a personal injury plaintiff for his failure to disclose his extensive medical history of treatment for chronic back and joint pain, by dismissing his suit alleging injuries from driving over a drive shaft that fell from defendant’s truck; in addition, plaintiff has failed to create a [...]

Job Grievance Dismissal is ‘Public Record’

By Deborah Elkins
Published: November 20, 2012
Tags: Civil Procedure, Judge Michael F. Urbanski, U.S. District Court - Western District

An Abingdon U.S. District Court says a notice of voluntary dismissal of a former state employee’s grievance is a “public record” the court may consider, even if it was not readily available on the agency website, and the court rejects the magistrate judge’s report and dismisses with prejudice a former occupational therapist’s suit alleging she [...]

Lease Ambiguous on Zoning Proffer Payments

By Deborah Elkins
Published: November 20, 2012
Tags: Contract, Judge Michael F. Urbanski, U.S. District Court - Western District

In dispute over a lease agreement between plaintiff Frederick County Sanitation Authority and defendant Carmeuse Lime & Stone Company’s predecessor, the Harrisonburg U.S. District Court denies summary judgment to Carmeuse, as there are genuine issues of material fact as to the Authority’s obligation to reimburse Carmeuse its costs with its rezoning proffers under the lease. [...]

Fraud Claim Dismissed in Foreclosure Case

By Deborah Elkins
Published: November 5, 2012
Tags: Judge Michael F. Urbanski, Real Estate, U.S. District Court - Western District

A Danville U.S. District Court accepts a magistrate judge’s recommendation and dismisses a pro se borrower’s suit against Wells Fargo alleging violations of the Truth in Lending Act and the Real Estate Settlement and Procedures Act. Plaintiff alleges Wells Fargo, through its representative Melanie Turner, failed to disclose the source of his lending, the large [...]

No Default In $6M Discrimination Case

By Deborah Elkins
Published: October 25, 2012
Tags: Civil Procedure, Judge Michael F. Urbanski, U.S. District Court - Western District

A Harrisonburg U.S. District Court sets aside default judgment for a plaintiff seeking over $6 million for alleged Title VII violations, as defendant company has demonstrated the necessary basis for setting aside default under the controlling case law. The 4th Circuit requires the court to consider whether the moving party has a meritorious defense and [...]

Third-Party Complaint Allowed in ‘Firepot’ Case

By Deborah Elkins
Published: October 24, 2012
Tags: Judge Michael F. Urbanski, Products Liability, U.S. District Court - Western District

In a plaintiff’s products liability suit alleging injuries from use of a “firepot” and “FIREGEL” sold at national housewares chain store, the Roanoke U.S. District Court grants the chain’s motion to file a third-party complaint against companies that produced and distributed the products. Defendant Bed, Bath & Beyond Inc. (BBB) claims the firepot and FIREGEL [...]