U.S. District Court – Western District « Virginia Lawyers Weekly

Medical Researcher Has FCA Claim

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court says a post-doctoral fellow conducting research at UVa’s Department of Psychiatry & Neurobehavioral Sciences can sue the departmental chair and his supervisor under the False Claims Act on individual-capacity and official-capacity claims for prospective relief, but not in their official capacities for damages.
In count I, plaintiff Dr. Huang asserts claims [...]

Employee Reinstated Despite ‘Zero Tolerance’

By Deborah Elkins
Published: February 7, 2012
Tags: Judge James P. Jones, Labor, U.S. District Court - Western District

A Big Stone Gap U.S. District Court upholds an arbitrator’s decision that an employee who had worked in the coal industry for 32 years with no history of drug use could be reinstated to his job performing electrical and mechanical repair after a random drug screen showed marijuana, which the employee admitted he had “toked” [...]

No Contract from Hospital Bylaws

By Deborah Elkins
Published: February 7, 2012
Tags: Contract, Judge Samuel G. Wilson, U.S. District Court - Western District

A physician who lost his hospital staff privileges at Lewis Gale Medical Center after an incident in an operating room while he was supervising another doctor cannot sue defendant physician, Chairman of the Medical Staff, on claims of breach of contract, tortious interference with contract and discrimination; the Roanoke U.S. District Court dismisses plaintiff physician’s [...]

Defamation Claim Survives, Despite Warning

By Deborah Elkins
Published: February 7, 2012
Tags: Employment, Judge Samuel G. Wilson, U.S. District Court - Western District

Although a bank warned its employees not to talk about plaintiff bank manager’s termination, the manager can sue the bank for breach of contract and defamation after remaining bank employees suggested to community members the manager had been fired “because of money”; but the Roanoke U.S. District Court dismisses the manager’s claim for wrongful termination [...]

Self-Funded Plan Wins Reimbursement

By Deborah Elkins
Published: February 7, 2012
Tags: Employment, Judge James P. Jones, U.S. District Court - Western District

A grocery store manager who was seriously injured in an auto accident and settled his personal injury suit against the driver for $850,000 is ordered to reimburse his employer’s self-funded ERISA-qualified health care plan for $191,949 for his medical expenses, as the Abingdon U.S. District Court grants summary judgment for the plan.
Defendant manager opposes summary [...]

Panhandlers Have Standing, But No Claim

By Deborah Elkins
Published: February 7, 2012
Tags: Civil Rights, Judge Norman K. Moon, U.S. District Court - Western District

A Charlottesville U.S. District Court says five “impecunious” plaintiffs have standing to challenge a local ordinance that restricts “begging” in Charlottesville’s Downtown Mall, but they fail to state a First Amendment claim based on the ban on begging.
The challenged ordinance restricts solicitation from any person seated within an outdoor café during certain hours, or from [...]

Coalbed Non-Owners Misjoined, Court Says

By Deborah Elkins
Published: January 10, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

In this proposed class action related to production and ownership of coalbed methane gas, the Abingdon U.S. District Court grants a motion to dismiss for misjoinder as to defendants Buckhorn Coal Company and Harrison-Wyatt LLC, but denies the motion as to defendant ACIN LLC.
Though the three defendants have moved together for dismissal for misjoinder of [...]

Coalbed Methane Gas Contract Claims Advance

By Deborah Elkins
Published: January 10, 2012
Tags: Contract, Judge James P. Jones, U.S. District Court - Western District

In this proposed class action related to production and ownership of coalbed methane gas, the Abingdon U.S. District Court says plaintiff may sue for breach of contract based on lease agreements in voluntary pools and alleged improper calculation and payment of royalties, but dismisses plaintiff’s contract claim to the extent it’s based on the assertion [...]

No ‘Costs’ for Private Process Server

By Deborah Elkins
Published: January 10, 2012
Tags: Judge Samuel G. Wilson, Negligence, U.S. District Court - Western District

A plaintiff who won a jury award of $150,000 compensatory and $10,000 punitive damages for her injuries from a car collision may recover an additional $1,062.25 in costs for copying costs, clerk fees and court reporter fees, but the Harrisonburg U.S. District Court says she may not be reimbursed for fees incurred for reviewing records, [...]

Plaintiff’s Forum Choice Tips Balance

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge Michael F. Urbanski, U.S. District Court - Western District

In this breach of contract action by plaintiff Rockingham Precast alleging defendant American Infrastructure-Maryland Inc. failed to pay for the materials that Rockingham supplied – materials that were fabricated in Virginia – a Harrisonburg U.S. District Court says defendant AI has not met its burden to prove venue should be transferred to Maryland; plaintiff’s choice [...]

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