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Tag Archives: Judge Elizabeth K. Dillon

Top Op Digest: Jury should decide all three of worker’s FMLA claims (access required)

On reconsideration, an auto worker’s FMLA retaliation claim can go to trial after all. Having already found fact issues material to his other claims, the court concluded it would be inconsistent not to send the retaliation claim to the jury ...

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WDVA: Counsel disqualified for past representation of key witness (access required)

Despite informed consent from both clients, a defendant’s attorney was disqualified from representing her on a drug charge because he had previously represented a material witness for the government. Background In a prior criminal drug prosecution, Defendant Lauren Hoback’s defense ...

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WDVA: Pipeline construction run-off doesn’t merit injunction (access required)

Rain-induced sediment flows that have overcome Mountain Valley Pipeline’s erosion controls might not recur in the future, especially in light of heightened oversight by state and federal agencies. Therefore, preliminary injunctive relief is not appropriate. Background The Plaintiffs are landowners ...

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WDVA: Buffet worker’s theft accusations could be defamatory (access required)

A woman and her mother sufficiently alleged defamation by a Golden Corral server, who publicly accused them of hiding food in their purses. But the court dismissed their claim for contract interference on account of their race and also struck ...

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WDVA: Branch transfer could be adverse employment action (access required)

An employee who was required to switch branches after reporting her pregnancy plausibly alleged an adverse employment action, noting that the transfer added time to her commute and interfered with her ability to put her school-aged children on the bus. ...

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WDVA: Conflicting reasons for employee’s termination merit trial (access required)

An employee failed to identify evidence that his supervisor’s lewd comments to him were because of (his) sex, but his employer’s varied explanations for terminating him after he complained precluded summary judgment as to retaliation. Because some evidence suggested that ...

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WDVA: Forest Service wins easement enforcement action (access required)

Property owners must remove a gate impeding reasonable use of an easement on their property by the U.S. Forest Service, providing regulated recreational access to public lands. They erected the gate to mitigate illegal behavior resulting from public access. Background ...

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Bon Mots: May 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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WDVA: Landowners helping tree-sitters held in contempt (access required)

Farmers held to be working in concert with anonymous people in trees for the purpose of blocking construction of a pipeline, in violation of a prior order of the court, are in contempt of court and subject to fines. Background ...

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