Lab Director’s Summary Judgment Motion ‘Premature’

SORNA Challenges Miss the Mark

By Deborah Elkins
Published: June 11, 2013
Tags: Criminal, Judge Michael F. Urbanski, U.S. District Court - Western District

A Roanoke U.S. District Court rejects defendant’s jurisdictional and constitutional challenges to a charge that he failed to register under the Sex Offender Registration and Notification Act in violation of 18 U.S.C. § 2250. Among his other challenges, defendant takes issue with the use of all capital letters for his name, which he argues denotes [...]

Misstated Arrearage States Claim for Breach

By Deborah Elkins
Published: June 11, 2013
Tags: Judge Glen E. Conrad, Real Estate, U.S. District Court - Western District

A plaintiff who lost her home to foreclosure states a claim for breach of the note and deed of trust based on her allegation that defendant’s pre-acceleration notice misstated her arrearage, preventing her from bringing her mortgage loan current and avoiding foreclosure; but the Roanoke U.S. District Court dismisses plaintiff’s remaining claims. In count I, [...]

Lawyer Pleads Fifth, Motion in Limine Denied

By Deborah Elkins
Published: June 11, 2013
Tags: Criminal, Judge James P. Jones, U.S. District Court - Western District

In this prosecution of a former notary public and court reporter for his alleged role in recording false statements to assist a lawyer under investigation for drug distribution, the Abingdon U.S. District Court denies defendant court reporter’s motion in limine asking the court to find a way for defendant to introduce an alleged exculpatory statement [...]

Carrier Must Defend Suit Against Sub

By Deborah Elkins
Published: June 11, 2013
Tags: Insurance, Judge Glen E. Conrad, U.S. District Court - Western District

A CGL carrier has a duty to defend a subcontractor in a suit alleging the sub provided a defective product that caused physical damage to other property, that the plaintiff contractor had to repair, as this is a sufficient allegations to support the possibility of an “occurrence” under the relevant CGL policies, says an Abingdon [...]

Court Trims Restitution in Conspiracy Case

By Deborah Elkins
Published: June 6, 2013
Tags: Criminal, Judge James P. Jones, U.S. District Court - Western District

In sentencing defendant on his guilty plea to conspiring to utter false financial instruments in violation of 18 U.S.C. §§ 514(a)(2) and 371, an Abingdon U.S. District Court orders defendant to pay $921.65, or the face value of the four checks he cashed at a local Wal-Mart as part of a 70-plus-member check-cashing conspiracy in [...]

Bank Employee’s Age-Bias Claim Advances

By Deborah Elkins
Published: June 6, 2013
Tags: Employment Discrimination, Judge Glen E. Conrad, U.S. District Court - Western District

A bank branch manager fired at age 68 has shown a genuine dispute over whether her age was the “but for” cause of her termination, and the Roanoke U.S. District Court denies the bank’s motion for summary judgment. Plaintiff was first hired by the bank in 2000 and continued in her role as branch manager [...]

Employer Rebuts Failure-to-Promote Claims

By Deborah Elkins
Published: May 23, 2013
Tags: Employment Discrimination, Judge Norman K. Moon, U.S. District Court - Western District

An African-American male employed in a technician assembly position who alleges he has been passed over for promotion multiple times because of race cannot make out a prima facie case under Title VII, the Lynchburg U.S. District Court says; although plaintiff says employer altered job descriptions produced in discovery to make certain qualifications “required” instead [...]

Inmate’s Mental Health Claim Advances

By Deborah Elkins
Published: May 23, 2013
Tags: Civil Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

As plaintiff inmate has adequately disputed defendant correctional officials’ assertion that he failed to exhaust his administrative remedies on his claim that his confinement to a strip cell and special housing was causing suicidal tendencies and he needed group therapy, the Roanoke U.S. District Court denies defendants’ motion for summary judgment based on the failure [...]

Still No Injunction in ‘JoeyBra’ Case

By Deborah Elkins
Published: May 23, 2013
Tags: Intellectual Property, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court declines to reconsider its denial of a preliminary injunction in this patent infringement lawsuit involving designs for pocketed bras. Plaintiff filed this patent infringement case in May 2012, which stems from a design patent, the ‘541 patent, that plaintiff received in 2001 for a bra design with pockets. Plaintiff became [...]