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Tag Archives: U.S. District Court – Western District

Fraud Claim Barred by Res Judicata (access required)

A Charlottesville U.S. District Court grants summary judgment to defendant bank in plaintiff’s fraud and misrepresentation action against the bank; plaintiff’s claims are barred by res judicata and, alternatively, by Va. Code § 8.01-243’s two-year statute of limitations for fraud-based ...

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Firefighter Alleges Retaliation for Funding Complaint (access required)

In this suit by a volunteer firefighter who alleges he resigned his position as treasurer of the nonstock Fire Department corporation and was suspended as a member after he raised issues about lack of funding and inadequate resources, the Harrisonburg ...

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Competency Not at Issue for Habeas Petition (access required)

A Roanoke U.S. District Court denies petitioner’s motion to find him incompetent and to stay these federal habeas proceedings pending petitioner’s restoration to competency; petitioner’s present competence is irrelevant to the court’s consideration of his habeas petition. Petitioner was convicted ...

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Officer Says She Was Fired for Harassment Claim (access required)

A former senior correctional officer can try her sex discrimination and retaliatory discharge claims based on evidence that defendants did not discipline or terminate other officers for “inattentiveness” when they were “throwing up sick” on duty, but the Roanoke U.S. ...

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‘Learned Intermediary’ Defense Wins Drug Case (access required)

A drug manufacturer wins summary judgment in this failure to warn suit filed by the estate of a man who committed suicide after treatment with Lexapro, an SSRI antidepressant drug; both of decedent’s treating psychiatrists were independently aware of a ...

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Court Abstains in Coal Conspiracy Suit (access required)

In plaintiff’s lawsuit alleging defendant construction company conspired to remove and sell plaintiff’s coal during construction of the Route 460 Bypass Project in Buchanan County, the Abingdon U.S. District Court has diversity jurisdiction over this matter, but will abstain and ...

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