Ex-Wife Needed for TILA Rescission Claim

Sleep Apnea Condition Supports Disability Claim

By Deborah Elkins
Published: October 27, 2011
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A Roanoke U.S. District Court refuses to dismiss an IT specialist’s claim that his former employer Radford University violated the Rehabilitation Act of 1973 when it rejected his proposal for accommodation of his medical condition of sleep insomnia and sleep apnea and instead discharged him, allegedly for sleeping on the job. The court agrees that [...]

Child’s guardian ad litem immune from suit

By Peter Vieth
Published: September 1, 2011
Tags: Domestic Relations, Federal Courts, Judge Samuel G. Wilson

It’s no surprise that lawyers appointed to represent the interests of children in hostile divorce cases can find themselves at odds with one or both parents of the child. In some cases, the parents even sue the lawyer acting as guardian ad litem. A new decision from a Roanoke federal judge offers some reassurance that [...]

No TILA Relief Without Ex-Wife as Party

By Deborah Elkins
Published: August 30, 2011
Tags: Judge Samuel G. Wilson, Real Estate, U.S. District Court - Western District

Although the Harrisonburg U.S. District Court earlier said plaintiff could take a voluntary dismissal and refile his suit under the Truth in Lending Act with his ex-wife as a defendant if plaintiff paid defendant lender’s costs and attorney’s fees, the court now dismisses the TILA suit with prejudice, as it is apparent plaintiff would be [...]

Noncompete Enforcement Suit Advances

By Deborah Elkins
Published: August 30, 2011
Tags: Contract, Judge Samuel G. Wilson, U.S. District Court - Western District

In this dispute between Shire LLC, a drug company, and a scientist who formerly worked for another company acquired by Shire, and who left to form his own biopharmaceutical company, KemPharm, the Roanoke U.S. District Court denies defendant’s motion for judgment on the pleadings, as further development of the record is necessary to evaluate the [...]

Landlord Can Sue for Early Termination

By Deborah Elkins
Published: August 16, 2011
Tags: Judge Samuel G. Wilson, Real Estate, U.S. District Court - Western District

A landlord who leased the back tract of his Harrisonburg property to defendant CMH’s predecessor and the front part to another tenant, can sue CMH for breach of the lease agreement by terminating the lease before 10 years passed, but the Harrisonburg U.S. District Court dismisses the landlord’s claim for waste based on CMH’s destruction [...]

Court Bifurcates Trial of Contract, Sherman Act Claims

By Deborah Elkins
Published: August 4, 2011
Tags: Contract, Judge Samuel G. Wilson, U.S. District Court - Western District

In this dispute between Shire LLC, a drug company, and a scientist who formerly worked for another company acquired by Shire, and who left to form his own biopharmaceutical company, KemPharm, the Roanoke U.S. District Court grants plaintiff Shire’s motion to bifurcate defendants’ tortious interference, unfair competition and Sherman Act counterclaims, as involving a different [...]

Officers Have Immunity on Noise Ordinance

By Deborah Elkins
Published: July 20, 2011
Tags: Civil Rights, Judge Samuel G. Wilson, U.S. District Court - Western District

In an evangelical group’s constitutional challenge to the city of Winchester’s noise ordinance, which the group says was applied in a discriminatory manner to their activities and use of an amplifier during the city’s 2010 Apple Blossom Festival, a Harrisonburg U.S. District Court says two defendant police officers have qualified immunity, but the court will [...]

Personal Jurisdiction Arises from Fraudulent Lumber Sale Scheme

By Deborah Elkins
Published: June 9, 2011
Tags: Civil Procedure, Judge Samuel G. Wilson, U.S. District Court - Western District

In an insurance company’s action to recover from defendant, a plant lumber manager at a Kentucky plant for Virginia cabinet manufacturer American Woodmark, for losses the insurer paid to American for the plant manager’s fraudulent scheme with his wife and son to sell lumber to American at inflated prices and appropriate scrap lumber to sell [...]

No ADA Claim after Altercation with Supervisor

By Deborah Elkins
Published: June 9, 2011
Tags: Employment Discrimination, Judge Samuel G. Wilson, U.S. District Court - Western District

A Harrisonburg U.S. District Court dismisses an employee’s claim that his supervisor at the Virginia Department of Transportation failed to offer a reasonable accommodation for the employee’s post-traumatic stress disorder after a “verbal altercation.” Assuming arguendo that plaintiff qualifies as “disabled” under the Americans with Disabilities Act, he has not plausibly alleged that VDOT failed [...]