City Can Deny SCV Flag Pole Use

Plant Could Not Accommodate Vision Loss

By Deborah Elkins
Published: February 4, 2013
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A former employee at a heavy truck manufacturing plant, who was placed on long-term disability after he lost his peripheral vision and employer determined he was unable to safely perform any job at the plant, has failed to suggest any reasonable accommodation employer might have made, and the Roanoke U.S. District Court grants summary judgment [...]

No Personal Jurisdiction Over Chinese Company

By Deborah Elkins
Published: January 7, 2013
Tags: Civil Procedure, Judge Samuel G. Wilson, U.S. District Court - Western District

In this patent infringement suit, a Roanoke U.S. District Court does not have personal jurisdiction over Ya Tai Electric Appliances Company, a Chinese corporation accused of marketing and selling a deployable fan-tail fishing kayak that allegedly infringes plaintiff Freedom Hawk Kayak LLC’s patent-protected design. Freedom Hawk is a Virginia LLC with business operations and majority [...]

No Insurance Coverage for Cancer Non-Disclosure

By Deborah Elkins
Published: December 18, 2012
Tags: Insurance, Judge Samuel G. Wilson, U.S. District Court - Western District

A widow cannot collect on her husband’s life insurance policy because she failed to disclose his diagnosis of metastasized pancreatic cancer when he applied for insurance, and the Roanoke U.S. District Court grants judgment on the pleadings to defendant insurance company. In September 2007, wife applied for the $50,000 policy and answered “No” to a [...]

Assault By Coworker States Harassment Claim

By Deborah Elkins
Published: November 28, 2012
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A former restaurant server has stated a Title VII claim for sexual harassment with allegations that an unidentified coworker sexually assaulted her in the workplace, but the Roanoke U.S. District Court dismisses her claim for retaliation. Plaintiff alleges a coworker backed her into a food storage cabinet, “grabbed’ her, kissed her against her will, touched [...]

‘Non-Asset’ Nurse Can Try ADA Claim

By Deborah Elkins
Published: October 24, 2012
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A 50-year-old diabetic nurse who alleges defendant hospital terminated her for age and disability discrimination loses on summary judgment on her age discrimination claim, but the Abingdon U.S. District court sees triable issues of fact in her disability discrimination claim based on her assertion that the hospital developed a list of employees identified as “non-assets” [...]

Bank Teller’s Benefits, Defamation Claims Fail

By Deborah Elkins
Published: September 10, 2012
Tags: Employment, Judge Samuel G. Wilson, U.S. District Court - Western District

A bank wins summary judgment in Roanoke U.S. District Court against a former bank teller who sued for breach of contract and defamation after bank employees allegedly suggested to community members the manager had been fired “because of money.” In Virginia, employment is at will unless otherwise stated and may be terminated for any reason [...]

Email ‘Scrub’ Comment Raises Trial Issue

By Deborah Elkins
Published: August 9, 2012
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

Emails from a bank’s HR department that talk about job expectations that could “trip up” plaintiff and the need to “scrub” a performance review are enough to raise a triable issue of fact in a fired facilities director’s suit alleging age discrimination and violation of the Family and Medical Leave Act, says a Roanoke U.S. [...]

No LTD for ‘Cognitive Impairment’

By Deborah Elkins
Published: July 5, 2012
Tags: Employment, Judge Samuel G. Wilson, U.S. District Court - Western District

Despite an administrative record of over 700 pages, with reports from six third-party experts, a former call center representative cannot overturn a denial of long-term disability benefits on her claim of a “severe cognitive impairment,” and a Roanoke U.S. District Court grants summary judgment to defendant plan administrator. On Sept. 25, 2009, plaintiff began a [...]

No Stacking from ‘Computer Error’

By Deborah Elkins
Published: July 5, 2012
Tags: Insurance, Judge Samuel G. Wilson, U.S. District Court - Western District

Although plaintiff’s 2008-2009 auto liability policy omitted a declarations page with UM and UIM limits, that omission did not create an ambiguity which will allow plaintiff to stack insurance policies, says a Roanoke U.S. District Court. Plaintiff Ronnie Dooley was injured in a motor vehicle accident in February 2009 with a driver who had liability [...]