Debt Collector Proves ‘Bona Fide Error’

Voluntary Dismissal Allowed, With Condition

By Deborah Elkins
Published: May 2, 2013
Tags: Judge James P. Jones, Medical Malpractice, U.S. District Court - Western District

A plaintiff may voluntarily dismiss his suit alleging negligent removal of his gall bladder by laparoscopic surgery, on the condition that he only refile any suit arising from this same set of operative facts in a Virginia state court; however, the Abingdon U.S. District Court denies defendant physician’s motion for attorney’s fees and costs. Prior [...]

No Interlocutory Appeal of Waiver Issue

By Deborah Elkins
Published: April 24, 2013
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District

In this suit for breach of a lease agreement, a Lynchburg U.S. District Court denies defendant health care company’s motion for certification of an interlocutory appeal of the following issue: “whether a defendant filing a motion to transfer or stay waives any and all rights to object to personal jurisdiction.” I find the issue defendant [...]

Quiet Title Action Dismissed by Court

By Deborah Elkins
Published: April 24, 2013
Tags: Judge Norman K. Moon, Real Estate, U.S. District Court - Western District

A Charlottesville U.S. District Court dismisses plaintiff homeowners’ suit to quiet title which alleges the assignment of their deed of trust to defendant bank, as trustee for a loan trust, was invalid. In this case, plaintiffs allege basically the same facts they alleged in Blick I (Blick v. JP Morgan Chase Bank NA, No. 3:12cv00001, [...]

No Sanctions Against Corporate Debtor

By Deborah Elkins
Published: April 24, 2013
Tags: Civil Procedure, Judge Robert S. Ballou, U.S. District Court - Western District

A Danville U.S. District Court Magistrate Judge denies plaintiff’s motion for sanctions against defendant for its responses to plaintiff’s debtor’s interrogatories proffered in an attempt to collect a judgment; plaintiff has not complied with Virginia procedure for execution of a judgment and the court declines to impose sanctions against defendant’s corporate officers, its counsel, or [...]

Female Staff at Male Strip Search States Claim

By Deborah Elkins
Published: April 24, 2013
Tags: Civil Rights, Judge Jackson L. Kiser, U.S. District Court - Western District

In a male inmate’s suit alleging violation of his civil rights, the Roanoke U.S. District Court denies defendant correctional officials’ motion for summary judgment as to plaintiff’s Fourth Amendment claims against four correctional officers for strip searches with female staff present, and grants the motion as to all other claims and defendants. Plaintiff is housed [...]

‘Black Ice’ Slip & Fall Goes to Jury

By Deborah Elkins
Published: April 24, 2013
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District

A Food Lion customer who slipped on black ice near the store entrance after a store manager allegedly had observed icy spots in the parking lot several hours earlier may take her slip-and-fall case to the jury, as a Roanoke U.S. District Court says the store and its snow-removal contractor have failed to show an [...]

Sub’s Claim Against Surety Is Too Late

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge Michael F. Urbanski, U.S. District Court - Western District

In a subcontractor’s Miller Act claim on a payment bond issued by defendants, the Harrisonburg U.S. District Court dismisses the claim as time-barred. Plaintiff TopSource filed a warrant in debt in a Virginia general district court on June 20, 2012, claiming defendants IBCS Group Inc. and Edmund Scarborough, an individual surety, owe TopSource $12,160 plus [...]

‘Informed Consent’ Evidence Excluded

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Jackson L. Kiser, Medical Malpractice, U.S. District Court - Western District

In a plaintiff’s suit alleging malpractice by three ophthalmologists, a Danville U.S. District Court says evidence of plaintiff’s informed consent to the cataract surgery is not relevant and will be excluded, and evidence of known complications may be used only to support the contention that a complication may arise even if a surgery is performed [...]

Warranty Disclaimer Inadequate for RV Buyer

By Deborah Elkins
Published: April 22, 2013
Tags: Consumer Protection, Judge James C. Turk, U.S. District Court - Western District

A buyer who spent nearly $200,000 on an RV motor coach and is unhappy with repeated efforts to repair multiple alleged defects may sue the seller Camping World for breach of implied warranties, as the Roanoke U.S. District Court finds the dealer’s disclaimer clause inadequate under the Virginia UCC. Defendant Camping World did not offer [...]