Borrower Can’t Stop Foreclosure 
By Deborah Elkins
Published: February 24, 2012
Tags: Judge Tommy E. Miller, Real Estate, U.S. District Court - Eastern District
A Norfolk U.S. District Court Magistrate Judge recommends denying a homeowner a preliminary injunction to halt foreclosure on her home after her default on her mortgage loan; the homeowner fraudulently joined the substitute trustees as defendant, but even under the court’s diversity jurisdiction, plaintiff’s state law claims for breach of contract and tortious interference fail. [...]
Earning capacity, future medicals contested in TBI case – $1,725,000 Settlement
By Virginia Lawyers Weekly
Published: January 23, 2012
Tags: Federal Courts, Judge Tommy E. Miller, Million-Dollar Settlements, Personal Injury
On June 11, 2009, plaintiff made a left turn onto Route 13 in Nassawadox. Approximately 900 feet north of where the plaintiff had turned, the defendant’s tractor-trailer slammed into the rear of the plaintiff’s Buick as both vehicles were traveling northbound. The impact caused severe damage to the plaintiff’s vehicle and left the front of [...]
Judges balk at alleged ‘shake down’ tactics
By Peter Vieth
Published: October 27, 2011
Tags: Federal Courts, Judge John A. Gibney Jr., Judge Robert E. Payne, Judge Tommy E. Miller
Some Virginia federal judges are questioning tactics used by lawyers attempting to enforce copyrights on allegedly pirated “adult entertainment” videos. A judge in Richmond, on his own motion, has asked one movie maker and its lawyer to show why they should not be sanctioned for apparently using the courts to help “shake down” the John [...]
Default Judgment Delayed for Joint Defendant
By Deborah Elkins
Published: September 8, 2011
Tags: Judge Rebecca Beach Smith, Judge Tommy E. Miller, Tort, U.S. District Court - Eastern District
In this tort suit filed by three female plaintiffs who allege sexual assault by a former employee of defendant water park, a Newport News U.S. District Court delays entry of default judgment against the former employee, pending resolution of the action against the water park, which allegedly is jointly and severally liable with the former [...]
Supervisor’s Complaints Not Race-Based
By Deborah Elkins
Published: August 30, 2011
Tags: Employment Discrimination, Judge Tommy E. Miller, U.S. District Court - Eastern District
An African-American graphic designer hired to work on a project managed by the Navy/Marine Corps Intelligence Center loses his hostile environment race discrimination suit claiming constructive discharge due to his supervisor allegedly raising his voice and at least once, kicking a door in his office; a magistrate judge for the Norfolk U.S. District Court grants [...]
Negligence Claims Dismissed After Water Park Ride Assault
By Deborah Elkins
Published: January 25, 2011
Tags: Judge Rebecca Beach Smith, Judge Tommy E. Miller, Negligence, U.S. District Court - Eastern District
A Norfolk U.S. District Court accepts a magistrate judge’s report and dismisses negligence claims by three female plaintiffs who allege they were sexually assaulted by a Busch Entertainment employee on Aug. 26, 2008, while the employee was operating the Malibu Pipeline ride at Water Country USA. Plaintiffs have sued Busch (BEC) for negligent infliction of [...]
Civil Procedure – Settlement Enforcement – Attorney’s Fees
By Deborah Elkins
Published: November 16, 2010
Tags: Civil Procedure, Judge Rebecca Beach Smith, Judge Tommy E. Miller, U.S. District Court - Eastern District
A Newport News U.S. District Court adopts a magistrate judge’s report and grants plaintiff’s motion to enforce a settlement agreement that awards plaintiff $60,000 in her Title VII case, but the court denies plaintiff’s request for attorney’s fees incurred in pursuing this motion to enforce. Plaintiff was employed as biomedical lead technician for defendant American [...]
Employment – ERISA – Severance Plan – Voluntary Termination
By Deborah Elkins
Published: October 20, 2010
Tags: Employment, Judge Rebecca Beach Smith, Judge Tommy E. Miller, U.S. District Court - Eastern District
A former call center manager for defendant Nextel loses his ERISA suit for benefits under the company’s Bonus and Severance Pay Plan developed to govern positions after a merger with Sprint, as a Newport News U.S. District Court adopts a magistrate judge’s decision affirming the plan administrator’s interpretation of the plan. The substantive issue here [...]
Administrative – Telecommunications Act – Cell Phone Tower – School Grounds
By Deborah Elkins
Published: October 12, 2010
Tags: Administrative, Judge Rebecca Beach Smith, Judge Tommy E. Miller, U.S. District Court - Eastern District
A Newport News U.S. District Court refuses to dismiss plaintiff T-Mobile’s suit alleging the Newport News City Council violated the Telecommunications Act of 1996 when it unlawfully denied T-Mobile’s application for a conditional use permit to build a communication tower on the property of the R.O. Nelson Elementary School. Plaintiff’s complaint asserts claims under the [...]
Employment – ERISA – AD&D Policy – Leg Injury
By Deborah Elkins
Published: July 26, 2010
Tags: Employment, Judge Tommy E. Miller, U.S. District Court - Eastern District
A Norfolk U.S. District Court says insurance carrier AIG did not unreasonably deny accidental death and dismemberment benefits to an insured whose leg was severely injured in an auto accident, but whose medical evidence did not demonstrate uniplegia under the plan from paralysis of the leg. Plaintiff argues the evidence regarding his medical condition, revealed [...]
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