Forum Selection for Arbitration Case

Rate Overcharge Suit Referred to FCC

By Deborah Elkins
Published: August 17, 2012
Tags: Contract, Judge Michael F. Urbanski, U.S. District Court - Western District

A suit by long-distance telephone carrier Sprint for a refund of $3.9 million in overcharges for local telephone services provided by defendant NTELOS Telephone is stayed by the Harrisonburg U.S. District Court, pending referral of this dispute to the Federal Communications Commission. Telecommunications carriers, such as NTELOS, file tariffs which, upon FCC approval, govern their [...]

Homeowner Claims ‘Incapacity’ Tolls Statute

By Deborah Elkins
Published: July 19, 2012
Tags: Insurance, Judge Michael F. Urbanski, U.S. District Court - Western District

A Harrisonburg U.S. District Court will hold an evidentiary hearing to allow a policyholder to develop her claim that stress and “general incapacity” rendered her unable to timely file her suit against an insurance company she says did not fully compensate her for a fire loss. This case involves a breach of contract claim, filed [...]

Venue Change in Pension Docs Case

By Deborah Elkins
Published: July 17, 2012
Tags: Employment, Judge Michael F. Urbanski, U.S. District Court - Western District

A former employee of Pilgrim’s Pride poultry processing company who is suing the administrative committee of the company’s Retirement Savings Plan under ERISA for failure to produce Plan documents has her case transferred from the Harrisonburg U.S. District Court to the Northern District of West Virginia, where a class action with similar complaints has been [...]

No Default Judgment Against Estate

By Deborah Elkins
Published: June 11, 2012
Tags: Insurance, Judge Michael F. Urbanski, U.S. District Court - Western District

Although decedent’s mother has not filed an answer in this interpleader action to determine who gets proceeds from decedent’s life and AD&D policies, a Roanoke U.S. District Court will not enter default judgment in this interpleader action, as the court has yet to determine if decedent’s husband killed wife and is disqualified from receiving insurance [...]

No ‘Jane Doe’ Plaintiff Allowed

By Deborah Elkins
Published: April 18, 2012
Tags: Civil Rights, Judge Michael F. Urbanski, U.S. District Court - Western District

A Danville U.S. District Court denies plaintiff’s motions to proceed using pseudonyms and for a protective order in her lawsuit challenging defendant county board of supervisors’ regular practice of opening its meetings with explicit Christian prayer as invalid under U.S. Supreme Court and 4th Circuit precedent. While citizens of the county and members of the [...]

Injunction Granted in Board Prayer Case

By Deborah Elkins
Published: April 18, 2012
Tags: Civil Rights, Judge Michael F. Urbanski, U.S. District Court - Western District

A Danville U.S. District Court grants plaintiff a preliminary injunction in her suit challenging a county board of supervisors’ regular practice of opening its meetings with explicit Christian prayer. The court finds plaintiff is likely to succeed on the merits of her Establishment Clause claim; she is likely to suffer irreparable harm in the absence [...]

County Can Be Sued for Sectarian Prayer

By Deborah Elkins
Published: April 18, 2012
Tags: Civil Rights, Judge Michael F. Urbanski, U.S. District Court - Western District

A Danville U.S. District Court denies defendant county board of supervisors’ motion to dismiss a lawsuit challenging the board’s regular use of explicitly Christian prayer to open its twice-monthly meetings. Plaintiff regularly attends board meetings and objects to the Christian prayer because she does not subscribe to the particular faith promoted by the opening prayer; [...]

No TILA Claim for Borrower

By Deborah Elkins
Published: April 18, 2012
Tags: Consumer Protection, Judge Michael F. Urbanski, U.S. District Court - Western District

A plaintiff who received a reduction in his home mortgage payment as part of the Home Affordable Modification Trial Period Plan (TPP) cannot pursue a claim under the Truth in Lending Act after the lender cancelled his participation for deficient payments and foreclosed on his home, says a Harrisonburg U.S. District Court. TILA disclosure requirements [...]

Long-Time Age, Sex Suit Dismissed

By Deborah Elkins
Published: April 13, 2012
Tags: Employment Discrimination, Judge Michael F. Urbanski, U.S. District Court - Western District

A former civilian employee of the Army who failed to check on the status of her age and sex discrimination case for the seven and one-half years it languished in another federal district court after an order transferring venue to a Virginia federal court will not have her pro se suit dismissed for failure to [...]