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Tag Archives: Judge Pamela Meade Sargent

Employment – ERISA – Disability – Auto Accident – Overpayment (access required)

A magistrate judge for the Big Stone Gap U.S. District Court recommends granting summary judgment to defendant insurance carrier and awarding it $28,656 for its overpayment of disability benefits to defendant employer’s production supervisor who was injured in an auto ...

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Civil Procedure – Jurisdiction – Amount In Controversy – Interest – Attorney’s Fees (access required)

In this suit by a plaintiff against defendant veterinarian for the purchase of products used in defendant’s practice, a Big Stone Gap U.S. District Court says although plaintiff seller is suing on a debt of $74,139.24, consideration of possible interest ...

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Criminal – National Park – ATV Trail Riding – Order To Stop (access required)

A defendant traveling on an ATV on a Cumberland Gap National Park trail closed to such vehicles cannot be convicted of violating 36 C.F.R. § 4.2, incorporating Va. Code § 46.2-817, for failure to halt at a “visible or audible” ...

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Negligence – Tractor-Trailer Accident – Discovery – Fifth Amendment (access required)

In this wrongful death suit arising from the collision of an 18-wheel tractor-trailer with a 2005 Dodge Grand Caravan on I-81in Wythe County, a magistrate judge for the Abingdon U.S. District Court allows the truck driver to invoke his Fifth ...

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Trucker takes the Fifth in wrongful death case (access required)

A long-haul truck driver sued for wrongful death after a collision on Interstate 81 can invoke his Fifth Amendment privilege and refuse to answer questions in the personal injury action, an Abingdon federal court says. The accident happened on a ...

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Employment – ERISA – Disability Insurance – Overpayment (access required)

A former production supervisor for a glass manufacturer, who was injured in an auto accident, was not entitled to continued disability benefits under an ERISA plan, according to a magistrate judge’s report, and the disability carrier is entitled to recover ...

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Civil Rights – Theft Arrests – Probable Cause (access required)

Acknowledging “skepticism” in the 4th Circuit as to whether the right to avoid malicious prosecution is a “clearly established” constitutional right, a magistrate judge for the Big Stone Gap U.S. District Court recommends dismissal of plaintiff’s § 1983 suit alleging ...

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Civil Rights – Theft Arrests – Probable Cause (access required)

Acknowledging “skepticism” in the 4th Circuit as to whether the right to avoid malicious prosecution is a “clearly established” constitutional right, a magistrate judge for the Big Stone Gap U.S. District Court recommends dismissal of plaintiff’s § 1983 suit alleging ...

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Employment Discrimination – Disability – Res Judicata – State Grievance Procedure (access required)

A community college employee who was discharged after he allegedly sought treatment for substance abuse but who won reinstatement through the Virginia Department of Employee Dispute Resolution cannot sue the community college for disability discrimination under the Americans with Disabilities ...

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