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Tag Archives: Judge Tommy E. Miller

Rebuttal Witnesses Not Too Late (access required)

In plaintiffs’ defamation suit against a television station, a Norfolk U.S. District Court magistrate judge says plaintiffs may not belatedly designated certain persons as case-in-chief witnesses, but they may name two additional persons as rebuttal witnesses. Plaintiffs allege defendants’ March ...

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Earning capacity, future medicals contested in TBI case – $1,725,000 Settlement (access required)

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 ...

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Supervisor’s Complaints Not Race-Based (access required)

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 ...

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Negligence Claims Dismissed After Water Park Ride Assault (access required)

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 ...

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Civil Procedure – Settlement Enforcement – Attorney’s Fees (access required)

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 ...

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Employment – ERISA – Severance Plan – Voluntary Termination (access required)

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 ...

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