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Tag Archives: Judge Samuel G. Wilson

Insurance – ERISA – Life Insurance Proceeds – Interpleader (access required)

A Harrisonburg U.S. District Court grants default judgment to plaintiff insurance carrier in this interpleader action concerning distribution of $25,000 in life insurance benefits under an employee group policy upon the death of the employee’s wife, when the employee is ...

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Bankruptcy – Relief From Stay – Townhouse Project (access required)

A Chapter 11 debtor, Parkside Village LLC, developer of a townhouse project, loses its challenge to the bankruptcy court decision finding that Parkside’s secured construction lender, United Bank, had an allowable claim and lifting the automatic stay; the Harrisonburg U.S. ...

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Employment Discrimination – Title VII – Postal Employee (access required)

Although there is no evidence that defendant U.S. Postal Service discriminated against plaintiff on account of her age (over 40) and race (Caucasian), a Roanoke U.S. District Court says there is at least a question of fact as to whether ...

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Employment Discrimination – Title VII – Hostile Environment – Isolated Comments (access required)

A Roanoke U.S. District Court grants defendant school board summary judgment in this Title VII suit filed by an African-American female employee who alleges a racially hostile environment from two allegedly racially derogatory comments – including a comment about plaintiff’s ...

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Insurance – Policy Coverage – Household Resident – Nomadic Lifestyle (access required)

Due to the “nomadic and transitory nature of his living arrangements” with friends, girlfriends and parents, a son was not a “resident” of his father’s household and a Harrisonburg U.S. District Court says he has no UIM coverage under his ...

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Civil Procedure – Jurisdiction – Abstention – Construction Loan Note (access required)

A Harrisonburg U.S. District Court denies a developer’s motion to dismiss or stay plaintiff bank’s action to recover on a note and deed of trust for two construction loans personally guaranteed by the developer, for a local real estate development, ...

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Civil Procedure – Diversity – Nondiverse Defendant – Involuntary Dismissal (access required)

A Harrisonburg U.S. District Court determines sua sponte that it lacks diversity jurisdiction in this fraud and contract case against a tanning salon franchiser because a federal court cannot exercise jurisdiction over a case that becomes removable due to the ...

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Criminal – Sentence Reduction – Plea – Specific Performance (access required)

Although defendant contends his extra assistance to the government warrants an additional motion under Fed. R. Crim. P. 35(b) for a further sentence reduction, a Harrisonburg U.S. District Court says defendant violated the terms of his plea agreement by appealing ...

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